CITIZEN'S FORUM: (Speakers must sign in with the City Clerk). The Citizen's
Forum period shall be no longer than fifteen minutes and citizens may address the
Council on one subject only and for no longer than three minutes. Issues to be
discussed shall not include matters to be considered or discussed as part of the regular
council agenda and must be related to substantive city business. No comments
regarding personnel or job performance are allowed.
It is the practice ofthe Council to meet at 6:20 p.m. in the second-floor Conference Room to discuss docket items. The
public is invited to attend. The docket, along with all supporting documents, can be viewed on the City of Newport
website: www.cityofnewpOlt.com- ..CurrentNewportCityNews & Announcements" - Click on "MORE NEWS."
Council Meetings can be viewed on Cox Cable, Channel 18; check local listings for dates and times. A DVD of the
Council Meeting will be available t the Newport Public Library within 438 hours of the meeting.
LIVE VIDEO CONFERENCING OF COUNCIL MEETINGS AND WORKSHOPS WILL BE AVAILABLE AT THE
NEWPORT POLICE STATION, WHICH IS ACCESSIBLE AND MEETS ADA REQUIREMENTS, BASED UPON
NOTIFICATION TO THE CITY MANAGER'S OFFICE (845-5429) A MINIMUM OF 48 HOURS IN ADVANCE
OF THE MEETING. INDIVIDUALS REQUIRING INTERPRETER OR OTHER ACCOMMODATIONS MUST
ALSO NOTIFY THE CITY MANAGER'S OFFICE 48 HOURS IN ADVANCE OF THE MEETING.
DOCKET OF THE COUNCIL
October 13, 2010
Page 2
3) Liz Souza, d/b/a Psychic Fair; Elks Lodge, 141 Pelham St.,
October 16,2010, from 12 Noon to 5:00 p.m. and from 7:30 p.m. to
9:30 p.m.
7. Victualing License, New, J & A Tokyo House, LLC, d/b/a Newport Tokyo
House Sushi & Hibachi, 8-10 Equality Park Place (in conjunction with transfer
of ownership of liquor license)
RESOLUTIONS
ORDINANCES
10. Amending Chapter 12.32 of the Codified Ordinances, entitled, "Park and
Recreation Areas," adding Section 12.32.051, "Ballard Park-Regulations" to
prohibit rock climbing in Ballard Park (First Reading)
12. Communication #4762/10, re: Bid Award for Martin Recreation Center Gym
Floor Renovations (with accompanying resolution)
15. Communication #4765/10, re: Bid Award for Thames Street Sanitary Sewer
Interceptor Rehabilitation (with accompanying resolution)
Class BT
41 Degrees North Forty I North, LLC 351 Thames 14, 16,20 Perry Mill Whf
Oceancliff Newport Time Resorts, Inc. 65 Ridge Road
Class BV
Belle Mer Belle Mer, Inc. 2Goat Island
Marina Cafe Marina Cafe, LLC 3Marina Plaza
Regatta Place, The Goat Island Grille, Inc. 5 Goat Island
Class D
Ancient Order of Ancient Order of
Hibernians Hibernians Division # I 2 Wellington Ave.
Columbus Club Columbus Club of Newport RI, Inc. 60 Halsey St.
3. Application of Newport Tokyo House Sushi & Hibachi, Inc., 6-10 Equality Park
Place, to transfer its Class BL alcoholic beverage license to J & A Tokyo House,
LLC, d/b/a Newport Tokyo House Sushi & Hibachi, for the same premises.
(Hearing)
Kathleen M. Silvia
City Clerk
October 6, 2010
DOCKET OF THE COUNCIL
October 13, 2010
Page 6
Change of Dill/A
Cosa Nostra (new) Chicken on Fire (old) Mohamed Badr 266 Bellevue Ave.
People's Cafe (new) Welcome in Cafe (old) Vivienne O'Dwyer 282 Thames S1.
DOCKET OF THE COUNCIL
October 13,2010
Page 8
Bishop's 4th Street Diner Bishops 4th Street Diner, Inc. 5am-8am
Hyatt Regency Newport DHC Food & Beverage Corporation 2:00am-2am to 8am
Super Stop and Shop Stop and Shop Supennarket, The 2am-6am
Class BH
DBA Ownership Street Location
Cliffside Inn Target Two, Inc. 2 Seaview Ave.
Class BL
DBA Ownership Street Location
AREA Unity3, LLC
Mama Leones lR Pizza Corporation 150 Connell Hgwy.
Mamma Luisa Italian Restaurant Mama Luisa, Inc. 673 Thames St.
Newport Tokyo House Sushi & Hibachi Newport Tokyo House Sushi & Hibachi, Inc. 6 Equality PK
Nikolas Pizza Nick's Fine Foods, Inc. 38 Memorial Blvd West
Norey's NDC Enterprises, LLC 156 Broadway
Puerini's Italian Specialties Puerini's Italian Specialties, Inc. 24 Memorial Blvd West
Tallulah on Thames Tallulah, LLC 464 Thames St.
Thai Cuisine Thames Street Thai Cuisine LLC 517 Thames St.
Class BT
DBA Ownership Street Location
Castle Hill Inn and Resort Castle Hill, Inc. 590 Ocean Ave.
Chanler at Cliff Walk, The Chanler, Inc., The 117 Memorial Blvd.
H20 Vader, LLC 359 Thames St.
Hotel Viking LaSalle Hotel Lessee, Inc. Bellevue Ave.
Hyatt Regency Newport DHC Food & Beverage Corporation Goat Island
Mainstay Inn Mainstay Inn, LTD, The 151 Admiral Kalbfus Rd.
Newport Marriott Hotel Marriott Hotel Services, Inc. 25 America's Cup Ave.
Pier 49 Seafood & Spirits Shamer Rhode Island LLC 49 America's Cup AV
Rhino Bar & Grille and Mamba Room, The JH Enterprises, Inc. 337 Thames St.
Vanderbilt Hall Vanderbilt Hall, LLC 41 Mary St.
Class BV
DBA Ownership Street Location
Class C
DBA Ownership Street Location
Class D
DBA Ownership Street Location
Bailey's Beach Spouting Rock Beach Association 34 Ocean Ave.
Elk's Club Newport Lodge #104 Benevolent & Protective 141 Pelham S1.
Friendly Sons of Newport Social Club Friendly Sons of Newport Social Club, Inc. 3 Farewell St
Ida Lewis Yacht Club Ida Lewis Yacht Club Lime Rock - Wellington AV
Irish American Athletic Club Irish American Athletic Club 642 Thames St.
Kerry Hill Club, The Oak Street Partnership, Inc. 15 Oak S1.
New Portuguese Benefit Association Portuguese Benefit Association Vasco Da Gama 15 Fenner Ave.
New York Yacht Club Harbour Court New York Yacht Club Harbour Court ~ 5 Halidon
Newport Country Club Newport Country Club 280 Harrison Ave.
Newport Reading Room Newport Reading Room 29 Bellevue Ave.
DOCKET OF THE COUNCIL
October 13,2010
Page 13
Class E
DBA Ownership Street Location
Class J
DBA Ownership Street Location
Class K
DBA Ownership Street Location
The following items of business, filed with the City Clerk under the Rules ofthe Council, came
before the Council at its regular meeting held on September 15, 2010.
The CITY CLERK called the roll and the following members were present:
I. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTDl.ETY UNLESS THE COUNCIL
REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES #31-
80 AND #98-40.)
COUNCILOR WALUK moved the Consent Calendar be adopted, with the exception of Item f.
Seconded by COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.
2. Second-hand License, Shana Gaines, d/b/a Vintage to Vogue, 523 Thames St. (New location;
Hearing)
COUNCILOR WALUK moved the hearing be closed and the license granted. Seconded by
COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.
3. Holiday Selling License, Shana Gaines, d/b/a Vintage to Vogue, 523 Thames St. (New
location)
RESOLUTIONS
MAYOR NAPOLTANO read the resolution and moved for its adoption. Seconded by COUNCILOR
WALUK.
KATHLEEN CONNELL, Director, AARP, said the Complete Street Concept is the initiative of the
AARP. She said they are requesting all communities to consider the principles of "Complete Streets"
as it will make communities safer for all.
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 15,2010
Page 3
6. Proclaiming September 2010 as "Ovarian Cancer Awareness Month" - Newport City Council
COUNCILOR MC LAUGHLIN introduced the resolution, noting that increased knowledge and
awareness leads to early detection and a higher survival rate, and moved for its adoption. Seconded
by COUNCILOR WALUK and VOTED UNANIMOUSLY.
7. Requesting the State Traffic Commission to review the feasibility of installing a left-tum
signal for southbound traffic on 1. T. Connell Highway at Van Zandt Avenue - S. Waluk, C.
Duncan
COUNCILOR WALUK introduced the resolution and moved for its adoption. Seconded by
COUNCILOR Duncan.
COUNCILOR WALUK moved the resolution be amended to add that copies be sent to the City's
Legislative Delegation, and to add in the "Resolved" that other alterations to the light, in addition to
the left-tum signal for southbound traffic, be reviewed. COUNCILOR WALUK commented that a
delayed green light for northbound traffic should also be considered. Seconded by COUNCILOR
DUNCAN and VOTED UNANIMOUSLY.
ORDINANCES
8. Amending Ordinance No. 2010-19, re: Appropriation Revenues of the City of Newport for
the Fiscal Year July 1,2010, through June 30, 2011-Easton's Beach Fund (Second Reading)
COUNCILOR WALUK moved the communication be received and the accompanying resolution
adopted. Seconded by COUNCILOR CONNOLLY.
Discussion followed between COUNCILOR LEONARD and PAUL FAGAN, NSD Director of
Property Services, and Michael SAUNDERS, NSD Business Manager, wherein MR. FAGAN said
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 15,2010
Page 4
Rogers High School uses approximately 90,000 gallons of oil a year and the average cost over three
years is $250,000. He said one of the three boilers was decommissioned and the two remaining are
used one at a time, not simultaneously. MR. SAUNDERS said the School Department has received
confirmation that the cost of the new boiler will be reimbursed under Housing Aid at 30% over the
next six years. He said the School Dept. will also be eligible for about $50,000 in rebates from
National Grid.
COUNCILOR COYNE said that although he is not against replacing the boilers, he will not support
making the decision at this time rather than after the bond referendum in November for a new
elementary school. COUNCILOR MC LAUGHLIN said he was satisfied that the purchase of the
new boiler would not preclude moving forward on regionalization of the schools. MAYOR
NAPOLITANO supported moving forward as she believed the boilers were operating on borrowed
time.
11. Communication #4751/10, re: Conservation Easements - King Park and Spencer Park--
Aquidneck Island Land Trust
COUNCILOR WALUK moved the communication be received and the accompanying resolution
adopted. Seconded by COUNCILOR CONNOLLY.
COUNCILOR LEONARD said future generations deserve to have these green spaces and the
creation of a Land Bank would be a good idea.
12. Communication #4752/10, re: Bid Award for Trench & Sidewalk Restoration
COUNCILOR WALUK moved the communication be received and the accompanying resolution
adopted. Seconded by COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.
6:52 P.M. COUNCILOR WALUK moved the Council recess and convene as the Board of License
Commissioners. Seconded by COUNCILOR CONNOLLY and VOTED
UNANIMOUSLY.
6:53 P.M. COUNCILOR WALUK moved the Council reconvene and adjourn to executive session
in the Conference Room, pursuant to Rhode Island General Laws, Section 42-46-1, as
amended, and in accordance with Section 42-46-5(a)(2)-Pending Litigation Purposes for
Which Meetings May be Closed, "(a) (2) Sessions pertaining to .. .litigation" to discuss
pending litigation: Simcha Berman, et al v. City of Newport, et al. Seconded by
COUNCILOR COYNE and VOTED UNANIMOUSLY.
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 15,2010
Page 5
6:52P.M.
Communication #4753/2010, re: Show Cause Hearing - Thames St. International Yacht &
Athletic Club; Sale of Alcoholic Beverage to an Underage Person and Non-Club
Member/Guest.
COMMISSIONER WALUK moved the hearing be continued to September 29, 2010, at the request of
Attorney Turner C. Scott on behalf of the Thames St. International Yacht & Athletic Club. Seconded
by COMMISSIONER DUNCAN and VOTED UNANIMOUSLY.
6:53 P.M. COMMISSIONER WALUK moved the meeting of the Board of License Commissioners
adjourn and the Council reconvene. Seconded by COMMISSIONER COYNE and
VOTED UNANIMOUSLY.
Kathleen M. Silvia
City Clerk
CITY OF NEWPORT
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 29, 2010
The following items of business, filed with the City Clerk under the Rules of the Council, came
before the Council at its regular meeting held on September 29, 2010.
The CITY CLERK called the roll and the following members were present:
1. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS THE COUNCIL
REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES #31-
80 AND #98-40.)
a. Special Event Licenses:
1. Sail Newport, d/b/a Sail for Hope/Regatta Social & Fundraiser; Newport
Shipyard, I Washington St., October 2, 2010, from 4:00 p.m. to 9:00 p.m.
2. The Leukemia & Lymphoma Society, d/b/a Light the Night Walk; October 2,
2010, (registration 5:00 p.m.) from 7:30 p.m. to 9:30p.m., beginning and
ending at Salve Regina University (route attached)
3. Robin Gray, DivaStyle Hair Salon, d/b/a Hair/Fashion Show; Pyramid Club,
32-34 Dr. Marcus Wheatland Blvd., October 10,2010, from 4:00 p.m. to 9:00
p.m.
4. REMOVED: Bowen's Wharf Co., Inc., d/b/a Bowen's Wharf Seafood Fest.
5. REMOVED: Eident Sports Marketing, d/b/a Arnica 5K; October 16,2010
6. Island Moving Company, d/b/a Dracula at Belcourt Castle; Belcourt Castle,
657 Bellevue Ave., October 20 and 21,2010, from 7:30 p.m. to 9:30 p.m.;
October 22,2010, from 7:30 p.m. to Midnight; October 23,2010, from 4:00
pm. to 6:00 p.m. and from 8:00 p.m. to 10:00 p.m.; and October 24, 2010, from
2:00 p.m. to 4:00 p.m. and from 6:00 p.m. to 8:00 p.m.
7. REMOVED: Turning Around Ministries, Inc., d/b/a Island Arts & Crafts
8. Newport Art Museum, d/b/a Winter Lecture Series; Newport Art Museum, 76
Bellevue Ave.; January 8, 15,22,29,2010, and February 5,12,19 and 26,
2011.
9. Newport Festa Italiana - request to amend Special Event License
b. Catering License, Diego's Newport, LLC, d/b/a Diego's, II Bowen's Wharf.
c. REMOVED: Daily Entertainment License, Class A, Ancient Order of Hibernians, 2
Wellington Ave., November 12,2010, from 6:00 p.m. to Midnight.
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 29,2010
Page 2
d. Drain Layer License, Renewal, Brennan & Sons, Inc., d/b/a Brennan Construction
Company, 89 Pools Lane, Tiverton, RI
e. Communication from Elizabeth Leddy, 7 Boughton Rd., asking permission to close
Boughton Road on October 9 (rain date Oct. 10),2010, from 12 Noon to 8:00 p.m. for
the annual neighborhood block party. (Approve subject to details being worked out
with the city administration.)
f. REMOVED: CRMC Amended Public Notice, File No. 2009-10-040, Application
g. Claim of Jasna Sudar Sombke (Receive and refer to City Solicitor)
COUNCILOR WALUK moved the Consent Calendar be adopted, with the exception of Items a-4, a-
S, a-7, a-9, c and f. Seconded by COUNCILOR COYNE and VOTED UNANIMOUSLY.
a-4. Bowen's Wharf Co., Inc., d/b/a Bowen's Wharf Seafood Festival; Bowen's Whf.,
October 16/17, 2010, from 11:00 a.m. to 5:00 p.m.
a-5. Eident Sports Marketing, d/b/a Arnica 5K; October 16,2010, from 7:00 a.m. to
9:00 a.m., beginning and ending at Brenton Point State Park (route attached)
COUNCILOR LEONARD said she had concerns about another 5K race being held on Ocean Drive,
particularly the day before the marathon, which would be using the same route.
CITY MANAGER EDWARD LAVALLEE said he had recommended against the granting of the
license because the event is the day before the already-approved Arnica Marathon, which uses the
same route. He said there are many walkers, runners and bicyclists along the route in the early
morning hours and he didn't think it fair to burden the residents along the route two days in a row.
BRICE ROWE said Arnica raises money for non-profits, such as the Ronald MacDonald House, and
last year was able to donate $35,000. He said a decision had been made to raise money from the 5K
for the family of the nine-year-old who was killed in a car accident a week ago. He said that many
people coming in with the marathon participants want to run a shorter race which is why the 5K was
proposed and, after expenses are paid, the proceeds will go to charity. He noted that the start time was
moved back from 8:30 a.m. to 7:30 a.m. at the request of RIDEM so that it will be over by 8:30 a.m.
He said one lane of traffic would remain open at all times.
COUNCILOR WALUK asked how many people come in to town for the marathon. MR. ROWE
responded that the NBCVBB advised that last year it resulted in the use of 1,500 hotel rooms.
COUNCILOR WALUK said, given that one travel lane will remain open at all times and the early
hour of the race, he would consider approving the license.
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 29, 2010
Page 3
COUNCILOR LEONARD asked if the applicant was willing to pay for police details to ensure the
lane oftravel remains open. MR. ROWE said they were will to pay the costs. COUNCILOR
CONNELLY asked if the license approval could be contingent upon the development of an adequate
police detail plan. CITY MANAGER LAVALLEE responded that it could. COUNCILOR COYNE
. noted that 3,500 runners signed up last year for the marathon but because of bad weather conditions
fewer participated. MR. ROWE said they expect 4,000 for the marathon this year, and 300 for the
5K. COUNCILOR COYNE responded that because of the early hour ofthe 5K and only 300
participants anticipated to participate, he did not think it would have a negative impact.
COUNCILOR CONNOLLY said she too would support the license.
COUNCILOR WALUK moved the license be approved contingent upon an appropriate traffic safety
detail plan being developed by the Police Department. Seconded by COUNCILOR CONNOLLY and
VOTED UNANIMOUSLY.
a-7. Turning Around Ministries, Inc., d/b/a Island Arts & Crafts Festival; BPO Elks #104,
141 Pelham St., November 13,2010, from 10:00 a.m. to 2:00 p.m.
a-9 Newport Festa Italiana - request to amend Special Event License granted Sept. 15,
2010, to include Opera Providence, October 10,2010, Belcourt Castle, from 6:30 p.m.
to 9:30 p.m. (Approve)
COUNCILOR WALUK cited the request of the Newport Festa Italiana Committee to amend their
request to have the concert at the Edward King House, and moved for its approval. Seconded by
COUNCILOR COYNE and VOTED UNANIMOUSLY.
COUNCILOR WALUK moved the license be approved. Seconded by COUNCILOR COYNE and
VOTED UNANIMOUSLY.
f. CRMC Amended Public Notice, File No. 2009-10-040, Application of the City of
Newport for an Assent to construct and maintain repairs and improvements to the
north and west embankment of South Easton Pond.
• Communication from the Planning Board, re: CRMC Application Easton Pond
Dam, advising that the application is consistent with the City's Comprehensive
Land Use Plan (Receive)
COUNCILOR WALUK noted that Fuss & O'Neill states in the letter attached to the application that
there will be signs noting closure of the path and asked if this was just during construction. CITY
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 29, 2010
Page 4
MANAGER LAVALLEE responded it was, and once the work is completed the pathway would be
open all the way around the reservoir. UTILITIES DIRECTOR JULIA FORGE noted that there
would, however, be signs advising people to pass at their own risk.
2. Annual Entertainment License, Class A (indoors), Farahnaz Shobeiri, d/b/a Genie's Hookah
Lounge, 547 Thames St. (First Hearing)
• Communication from Benjamin C. Riggs, 15D Harrington St., requesting denial of
the entertainment license.
ADDED: Communication from Mary and Martin Jacobson, l5B Harrington St., objecting to
the granting of the license.
COUNCILOR LEONARD asked ifthere would be any live music. FARAHNAZ SHOBEIRI,
applicant, responded there would not, and belly dancers would only be on special occasions, such as
if one were having a birthday party. COUNCILOR WALUK asked ifthe intent was to just have
recorded music and no live bands; the APPLICANT confirmed she was just asking for recorded
background music.
DANIEL PRENTISS, ESQ., said he represented the Wellington Condominium Association, and after
meeting with them, he may object to the granting of the license at the second hearing.
COUNCILOR WALUK moved the hearing be closed. Seconded by COUNCILOR CONNOLLY and
VOTED UNANIMOUSLY.
COUNCILOR WALUK moved the license be granted with the stipulation there be no live music.
Seconded by CUNCILOR CONNOLLY.
3. Victualing License, New, Cupcake Charlie's, LLC, d/b/a Cupcake Charlie'S, 135 Swinburne
Row.
4. Communication from Rich Wolfe, The Narragansett Bay Coyote Study (NBCS) asking to
address the Council on "Coyote Best Management Practices."
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 29, 2010
PageS
RICH WOLFE commented on the Study and said the safe practices have been endorsed by the
Jamestown, Middletown and Portsmouth Town Councils.
DRNUMI MITCHELL, lead scientist for the study, commented on the reason for the study that
began in 2005 because of increasing numbers of coyotes on Aquidneck Island. She said killing
coyotes only stimulates vigorous growth; and, while it is illegal in Rhode Island to feed coyotes,
people are doing so, which results in behavior changes in coyotes that cause most ofthe problems on
the Island.
5. Communication from Naomi Neville, Aquidneck Island Reuse Planning Authority, asking to
address the Council on the activities of AIRPA and introduce the AIPRA's Property Reuse
Coordinator.
NAOMI NEVILLE, noting that she and William Corcoran are the City's representatives on the
AIRPA, introduced Julie Oakley, the new coordinator for the group.
MS. OAKLEY said the study would consider the Navy five properties under consideration and would
encompass Aquidneck Island as a whole and not individual muniCipalities. She said the deadline by
which people must express an interest in the properties is November 22,2010, and 270 days after that
a reuse plan for the five properties must be submitted. She said a meeting would be held at 1 p.m. on
October 5th at CCRI with the consultant and, while it is open to the public, it is geared to municipal
officials. In response to COUNCILOR LEONARD, she said the BRAC process does come under the
McKinney Act; however, there have been some changes and no one entity will receive preferential
treatment. COUNCILOR LEONARD pointed out that Newport has 18% low-income housing, the
highest per capita in the State, and said she would like the land used for enhancing the City's
economy and tax base. MS. OAKLEY responded that anything considered for homelessness would
be only for that needed on Aquidneck Island as a whole, and not the State of Rhode Island..
COUNCILOR LEONARD asked if each community on Aquidneck Island could be considered
individually with regard to low-income needs. MS. OAKLEY said she was working on that issue
with Rhode Island Housing.
MAYOR NAPLITANO moved Mary Jo Valdes be reappointed to the Historic District Commission.
Seconded by COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.
RESOLUTIONS
COUNCILOR DUNCAN read the resolution and moved for its adoption. Seconded by
COUNCILOR WALUK and VOTED UNANIMOUSLY.
8. Supporting Increased Freight Rail Capacity and Preserving Balanced Regulation - K. Leonard
COUNCILOR LEONARD introduced the resolution and moved for its adoption. Seconded by
COUNCILOR WALUK.
COUNCILOR WALUK introduced the resolution, noting that the joints in many areas of the
Bellevue Avenue roadway are not good after the City has invested over $1 million to repair them. He
asked that the city administration see ifthe City could get a refund on the work, and asked why the
manner in which the work was done, which now needs to be fixed, was selected. He then moved for
adoption of the resolution. Seconded by COUNCILOR CONNOLLY.
COUNCILOR LEONARD said it was an issue of accountability and the taxpayers want to know why
it happened and where the liability lies.
COUNCILOR MC LAUGHLIN moved that the city administration provide a report to the Council
that includes:
1 ) whether or not the monies will be refunded;
2 ) why the repairs, which proved to be unsatisfactory, were done in this manner;
3 ) what caused the material to breakdown; and
4) a prognosis on the condition of Bellevue Avenue and plans for future repairs.
COUNCILOR LEONARD introduced the resolution and moved for its adoption. Seconded by
COUNCILOR WALUK.
COUNCILOR MC LAUGHLIN said he could not support the resolution because it was creating a
boundary. He said the recommended contract award would probably be before the Council at its next
meeting and there could be ramifications in requiring that the work be completed by April 15. He
said he supported many provisions of the resolution that would lessen the impact ofthe work on the
businesses, but establishing a firm completion date could result in a significantly higher cost.
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 29, 2010
Page 7
COUNCILOR WALUK moved the word "only" be deleted from the second "resolved" wherein the
work timeframe is established. Seconded by COUNCILOR COYNE.
COUNCILOR CONNOLLY said she believed establishing a set work frame would be putting the
horse before the cart, noting that the construction could be greatly affected by weather conditions.
MAYOR NAPLITANO agreed with the comments of Councilors McLaughlin and Connolly, and said
an increased cost for the work because of the timeframe constraint would not be fair to the residents
of other parts of the city.
COUNCILOR DUNCAN moved the resolution be continued until after a contract has been awarded.
Seconded by MAYOR NAPLITANO.
COUNCILORS LEONARD and WALUK cited the need to adopt the resolution so that a mechanism
is in the contract that provides for open communication among the businesses, contract and city
administration.
MAYOR NAPLITANO withdrew her second and COUNCILOR DUNCAN his motion to continue
the resolution.
COUNCILOR WALUK moved that the fifth "Whereas," which provides a time frame in which the
project must be completed, be deleted. Seconded by COUNCILOR DUNCAN.
COUNCILOR COYNE expressed concern about removing the paragraph because of importance of
having the work done in the time frame provided so as to lessen the impact on the businesses.
COUNCILOR MC LAUGHLIN said it would be appropriate at the time the contract is awarded to
make clear that the schedule should be tight and every effort made to conform to the desired time
frame.
The motion to adopt the resolution with the amendment deleting the fifth "whereas" was VOTED
UNANIMOUSLY.
ORDINANCES
11. Amending Chapter 10.32.100 (K) of the Codified Ordinances, entitled, "Designated
Residential Parking Districts; Cliff Avenue Area," to allow daily, 24-hour resident parking in
the Cliff Avenue Area.
12. Memorandum from the City Manager, re: Historic District Ordinance
a. Memorandum from the Director of Planning, Zoning, Development & Inspections,
re: Follow-up to Planning Board Recommendations - Historic District Ordinance
b. Memorandum from the Assistant City Solicitor, re: Follow-up to Planning Board
Recommendations -- Historic District Ordinance
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 29, 2010
Page 8
14. Communication #4754110, re: RI Office of Energy Resources Grant - Algae to Biofuel
Demonstration Project
COUNCILOR WALUK moved the communication be received and the accompanying resolution
adopted. Seconded by COUNCILOR CONNOLLY.
COUNCILOR LEONARD asked ifthere would be future costs to the taxpayers as a result of
accepting the grant. CITY MANAGER LAVALLEE responded there would not as no match from
the City is required.
COUNCILOR MC LAUGHLIN questioned the provision on page 2, section D, of the grant that state
the community agrees to meet its energy saving goals. CITY MANAGER LAVALLEE responded
that he did not believe there was anything by which to measure it.
MAYOR NAPOLITANO also commented Grant Writer Bruce Bartlett and the employees that
worked with him in securing the grant. She noted that the project would also help a local bio-diesel
company, while also involving the Met School.
15. Communication #4755/10, re: Bid Award for Hillside Ave. Sidewalk Connector
COUNCILOR WALUK moved the communication be received and the accompanying resolution
adopted. Seconded by COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.
16. Communication #4756/10, re: 2009 Assistance to Firefighters Grant-800 MHz Radio
Equipment
COUNCILOR WALUK moved the communication be received and the accompanying resolution
adopted. Seconded by COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.
COUNCILOR WALUK moved the communication be received and the accompanying resolution
adopted. Seconded by COUNCILOR COYNE.
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 29, 2010
Page 9
COUNCILOR MC LAUGHLIN noted that the new coordinator for the Substance Abuse Task Force,
Brenna Bennett, would be providing the Task Force's annual report at a future council meeting.
18. Communication #4758/10, re: Bid Award for Engineering Services-Gardiner to Paradise
Raw Water Main Rehabilitation
COUNCILOR WALUK moved the communication be received and the accompanying resolution
adopted. Seconded by COUNCILOR COYNE.
COUNCILOR LEONARD said she had an issue with the provision in the fourth paragraph stating
that it is anticipated a contract amendment will be recommended in the future for phase two ofthe
project. CTY MANAGER LAVALLEE responded that the anticipated amendment would be in the
range of $150,000 to $200,000 for the design work and oversight, otherwise a competing firm could
be asked to work from this firm's plans. He said the actual construction project, which will cost
between $1 and $1-1/2 million will go out to bid.
19. Communication #4759110, re: Lease Agreement for Cell Phone Antennae at the Goulart
Lane, Portsmouth, Water StorageTank
COUNCILOR WALUK moved the communication be received and the accompanying resolution
adopted. Seconded by COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.
COUNCILOR WALUK moved the communication be received and the accompanying resolution
adopted. Seconded by COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.
1. CONSENT CALENDAR (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS THE COUNCIL
REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES #31-
80 AND #98-40.)
Class F-1 Daily Liquor License:
a. Sail Newport, d/b/a Sail for Hope/Social & Fundraiser; Newport Shipyard, 1
Washington St., October 2, 2010, from 4:00 p.m. to 9:00 -p.m.
b. Island Moving Company, d/b/a Dracula at Belcourt Castle; Belcourt Castle, 657
Bellevue Ave., October 20-22, 2010, at 7:30 p.m.; October 23,2010, at 4:00 pm. and
8:00 p.m.; and October 24, 2010, at 2:00 p.m. and 6:00 p.m.
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 29, 2010
Page 10
COMMISSIONER WALUK moved the application of Island Moving Company be withdrawn at the
request of the applicant. Seconded by COMMISSIONERS COYNE and VOTED UNANIMOUSLY.
2. BLC Communication #4753/10, re: Show Cause Hearing - Thames St. International Yacht &
Athletic Club; Sale of Alcoholic Beverage to an Underage Person and Non-Club
Member/Guest. (Continued from September 15,2010)
CITY SOLICITOR JOSEPH J. NICHOLSON, JR, reported that he had been advised that the licensee
will admit to the charges; however, Police Officers Kevin Parsonage and Thaddeus Wadsworth were
present to respond to questions. TURNER C. SCOTT, ESQ, representing Thames St. International
Yacht & Athletic Club, said the violations were an anomaly for the Club. He said that employees are
now required to have alcohol server training before working the bar, although the State allows 60
days for them to be certified. He said the day the violation occurred was during the New York Yacht
Club's Sail Week and the offending youth filtered in with others. He said the bartender on duty that
evening has since returned to school, but he will be certified as a trainer before coming back to work.
COMMISSIONER COYNE noted that the last time this club had a violation was in 1992.
ATTORNEY SCOTT said there were different officers of the club back then and Mr. Kennedy,
commodore and manager of the Club had come in after that violation occurred.
COMMISSIONER WALUK said that given the length ohime since there was an infraction he would
consider this a first offense. He then noted that a bar that had its first infraction two years ago was
fine $250 plus police costs and moved that the same sanction be imposed here. Seconded by
COMMISSIONER COYNE.
COMMISSIONER WALUK said that the Board understands the seriousness of serving an under-age
person, but the responsibility lies with the under-age person as well as the establishment, which has
since addressed the problem. He said that if the maximum fine is imposed for what he considered
first violations, it could not go higher iffuture violations occurred. COUNCILOR DUNCAN agreed
with Council Waluk's comments and said the real problem is with under-age persons breaking the
law. COUNCILOR COYNE said that in the past there has been room for fines to increase when
additional violations occur. He said IYAC is a good business that lives by the rules and, while a
serious mistake was made in this instance, it was the first in 18 years.
COMMISSIONER NAPOLITANO asked if the person was a member of the club. ATTORNEY
SCOTT responded that he was a guest but did not sign the guest book as he slipped in.
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 29, 2010
Page 11
COMMISSIONER MC LAUGHLIN commented that the responsibility is with the establishment and
there is a process for following the rules; however, they did not use the process because they did not
have the young man sign in as a guest nor sign the minor book.
COMMISSIONER CONNOLLY asked if $1,000 was the maximum fine the Board could impose.
CITY SOLICITOR NICHOLSON responded that a $1,000 would be considered $500 for each
offense.
ATTORNEY SCOTT said he believe this was the only yacht club that uses a guest book, that the Ida
Lewis and New York Yacht Clubs do not.
COMMISSIONER LEONARD asked if the young man had received a fine in court. CITY
SOLICITOR NICHOLSON said he had received a $500 fine. COMMISSIONER LEONARD said
she believed the establishment should then also pay a $500 fine. CHAIRWOMAN NAPOLITANO
agreed.
COMMISSIONER DUNCAN noted that the $250 fine plus police costs would probably amount to
$500.
COMMISSIONER WALUK moved to reconsider the motion that a $250 fine be imposed, plus police
costs. Seconded by COMMISSIONER DUNCAN.
ATTORNEY SCOTT said that in addition to the $250 fine/police costs, the licensee would also make
a contribution to the City's Recreation Department in the amount of $250.
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 29,2010
Page 12
COMMISSIONER WALUK amended his motion to state that a $250 fine be imposed, plus the
overtime cost of the two police officers present, and a $250 contribution be made to the City's
Recreation Department. Seconded by COMMISSIONER COYNE.
Kathleen M. Silvia
City Clerk
'DDCJLET UrTle:- IU 1\"3 j70 10
DATE: _-=/<...:O'-LIt
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EVENT TITLE/TYPE:
LOCATION OF EVENT:
Date(s) of Event:
Hours of Event:
For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)
FIREWORKS ;v:/;:r
Do you or the pyrotectni: have Newport Fire Marshal approval?
NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.
SPECIFIC ROUTE:
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APPUCAHON FOR A SP)!;CIAL EVENT UCENSEOCT_ 4 2010
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(Page 2)
---_-:....._----------------------
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Will there be gambling, e.g., bingo, raffle, etc.? . ' /\10 , Do you have State Police Approval? CK:lfJJ
List Names of Vendors Item to be Furnished
For Retail Sales - Have yOll completed Ii "Promoter's Application For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contad No.: 222-2957)
FIREWORKS
NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.
J_ _ ~--,-- _ _ ~ _ _
EVENTHOLDER _ _-,- _
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 3)
Will there be gambling, e.g., bingo, raffle, etc.?·I NO I Do you have State Police Approval? CNj:.JJ
List Names of Vendors Item to be Furnished
For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)
FIREWORKS
--_._-----_ ..-._-_ ... __._-_._------ - -- ... _----------_ .. - _.. - _. -_._---. . ._.- ... -.- ..__ .. _._----
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City ofNewpblt,1b~de lsland
_ OCT 4 2010 :
APPLICATION FOR A SPECIAL EVENT LICENSE - 'I
DATE: 0(,+, Ld t dOJ Q i , , · j I
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If yes, types of animals:
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OTHER (describe) 1_' ~ _
Will there be gambling, e.g., bingo, raffle, etc.?·I NO I Do you have State Police Approval? ~
List Names of Vendors Item to be Furnished
For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)
FIREWORKS
NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.
SPECIFIC ROUTE: ~
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APPLICATION FOR A SPECIAL EVENT LICENSE()' ,,~ t
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For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)
FIREWORKS
Will there be gambling, e.g., bingo, raffle, etc.?·I N() I Do you have State Police Approval? []{f[A:
List Names of Vendors Item to be Furnished
For Retail Sales - Have yOll completed a "Promoter's Application For Permit to Operate a Show or
Event" with RI Division ot'Taxation? (Contact No.: 222-2957)
FIREWORKS
NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.
DATE \ 0 \§j...:..1D:::::..-- _
EVRNT TlTLlJ/fYPE [ 'Ps'-i chIe Fo.;~ -"-_··_····_~····---"l
Is parking available:
['7::--1 For how many vehicles? I-;~--'-]
CON<;l;P-T ~ J Is staging or platform required? [-':-;?J Amplification? ---L=-J
List types of musical instmments:
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Are required approvals attached, e.g., State, Recreation Dept.? W 'i..A -=~====--=- . .__.. _-1
Is a stre"i: closing being requested? []~JS-----~==-==--~:=:J
Will food be prepared on the premises? l_j/))!) .J
If so, is Health Dept. Inspection Approval attached? 1/ J
EVENT HOLDER lJ 2- S D\.) GA
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 3)
Fill- Retail Sales .. Have yOiJ completed a "Pa-omoteR"s Application Fm' .Permit to Operate a Show or
Event" with RI JlJiivision of Taxation? (Contact No.: 222-2957)
FIREWORKS Y\)0
Do you or the pyrotechnic have Newport Fire Marshal approval? ~_. =-J
Location from where fireworks will be shot:
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Time fireworks will begin: [ ::> ;...-;:::-=:] Duration: I/'--.... =:J
NOTE: Ufkeworks al'e to begin 01' end! after 10:00 p.m., la sound variallce must be obtained.
Iffireworks ar.e for longer than 15 minutes, arrallgements must be made for polke
detail office.'s at sJ[Hlllsor's ex pellse.
EVENT TITLE/TYPE:
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Signature of Holder of Event: L9'\\~~" ·--1
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Address of Holder of Event: ~_~es\- N\ Cl~V\Y2.-d.. _. ~ [.')\ls·m() 0.-\1r\. '(2I I
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Is Organization Non-Profit? l_ V\.S2__J Is Organization Religious? 1_ Y\-()_~
Is there a chargefor admission? I ~6, \rQJ [=p'('\-.j~m------' ]
Is event to be on City, State, or Private Property? - .-------
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If so, whose?
Will there be gambling, e.g., bingo, raffle, etc.? Li('1~J Do you have State Police Approval~j
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~/
FOR' Retail Sales - Have you completed a "'I'mmMe,"s AI)plication For .lP'ermit to Opemte a Show or
Event" with RI J)ivisiolJ. of Taxation? (Contact No.: 222··2957)
FIREWORKS
SPJliXIFIC ROUTE
•., . /
.-.----------------.-7'----------------------------·------··-----------
._-----------_./'..:::.~._--------------~-~--_
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TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT:
~_O~~-'------~Office
Use Only ~---,--~---~--
Filing Fee $15 Date Paid: -1'-o-lf -I 0 4-c/·
License Fee $100 Date Paid q -J.. "'1-/ 0 ...-;J. -cJ .
License Number: 2838
Drain Layer Licenses expire on June 30th each year. The renewal application must be submitted in
time to go before the City Council prior to July I st.
An insurance bond is required and must be approved by the Engineering Department.
y :\1\·1isc~~llallClll1S LiCCll~c.s\Drainl.aycr\;\ppDrailll A.lycrl ,iC\~llse-. ~~009.d{1~ CrcalL'ti all ::if] 1;'20099:20 Afv1
Jl):2 Previous /){lckcl Date:
/olro!lC)
CITY OF NEWPORT, RHODE ISLAND
The undersigned respectfully petitions the Honorable Council for a HOLIDAY LICENSE to allow retail sales on the following holidays: New
Year's Day, Memorial Day, FOUlth ofJuly, VictOlY Day, Labor Day, Columbus Day, Veteran's Day, or on any day which any enumerated holiday is
officially celebrated, No Holltlay Li••n•••hali b. i.suetl and a r.tan bnsine.. shan not be open De••mber 25" of any year or Thanksgiving
Day. ex.ept pharma.ies, retail.tores tbat prin.ipally .eli food produ.ts a"d whi.h employ few.r 1/.l~.n·,.ixe'."Pi~eesfeUbift.atJlny.-'!n.
e "1
IDeation. nower. ga,'den and garden a••••sory shop., video .to..., and bakeries. (RI General Lawlif)) ! ~J~.I~ It:'.. . j . _Wl__[E
i •.'\;
Application is made for: HOLIDAY SELLING LICENSE I1;;i\ Icc Date: 71" ' j
Donald L. Carderi
Governor
September 7,2010
It is my pleasure to inform you that the City ofNewport will receive a grant in the amount of
$401,250 from the Rhode Island Community Development Block Grant (CDBG) Program.
Priority, this year, has been given to activities designed to improve or increase the supply of
housing available to low and moderate income families. Among the excellent programs funded
statewide this year are development of affordable housing opportunities; job training/development
programs assisting low-moderate income persons and various public facility, social and
community services agencies.
Approximately $5 million is being awarded to 31 Rhode Island communities. The number and
quality of applications received is indicative ofthe commitment Rhode Island cities and towns
have to provide decent housing, expand economic opportunity and improve the quality of life in
local neighborhoods.
Specifically, the City ofNewport is being awarded a grant of $40 1,250 for the following
activities.
I wish you every success with your community development projects. You may contact Michael
Tondra at 222-2079 if you need further information.
Sincerely,
\
~-t/G,.~
Donald L. Carcieri
Governor
STATE OF RHODE ISLAND AND PROVIDENCE PLANTA
DEPARTMENT OF ENVIRONMENTAL MANAGEME
Office of Water ResourceslWater Quality Certification Prog am fllOBATE COliRT
235 Promenade Street NEWPORT, RI
Providence, Rhode Island 02908-5767
NOTICE
The Office of Water Resources has under consideration the application of:
Requesting a State of Rhode Island Water Ouality Certification to replace four existing 60-inch corrugated metal
pipe culverts with four 60-inch reinforced concrete pipe culverts. The existing concrete headwall, wingwalls, and
foundation will be maintained. New site work above the culverts will include road reconstruction with bituminous
concrete pavement, granite curbing, and a 4-foot wide concrete sidewalk on the west side of the road.
Detailed plans and specifications rnay be viewed at the Office of Water Resources in Provideuce.
The purpose of this NOTICE is to inform all landowners of properties adjoining the site of proposed activities and
other interested individuals or agencies of the proposal and to provide for a period of thirty (30) days within which
comments or concerns may be received. You are advised that if you desire io submit a statement or have good
reason to enter a protest against the proposed project, it is your privilege to do so. Objections to the proposed
project must be submitted in writing and relate to impacts to water quality from the proposed project activities. It is
expected that objectors will review the application and plans thorougWy, visit the site of proposed work, if
necessary, to become familiar with the conditions, and cite which law or laws would be violated by the work
proposed. The NOTICE period for this application ends at 4:00 p.m. on October 29, 2010. The Office of Water
Resources cannot extend this NO'I'ICE period.
In accordance with the Administrative Procedures Act (Chapter 42-35 of the R.I.G.L.) you may request a hearing on
the matter. If you desire to request a hearing, your request must be submitted in writiug and be received by this
office on or before the NOTICE date above. If you request a hearing, you must attend the scheduled hearing· and
give sworn testimony. A notice of the time, location, and nature of such hearing will be furnished to you as soon as
possible after receipt of your request for hearing.
This serves as notice that the Rhode Island Department of Environmental Management, Office ofWater Resources,
Water Quality Certification Program has under consideration and review the above described project. The project is
being reviewed for compliance with the State's Water Quality Regulations (AUTHORITY:m accordance with
Clean Water Act, as amended (33 U.S.C. 1251 et.seq.; Chapter 42-35 pursuant to Chapters 46-12 and 42-17.1 of the
Rhode Island General Laws of 1956, as amended).
Objections to the proposed project must be .submitted in writing and relate to impacts to surface water quality from
the proposed project activity. It is expected that objectors will review the application and plans thorougWy.
If you have any questions related to this NOTICE, contact the Office of Water Resources, Water Quality
Certification Program, 235 Promenade Street, Providence, RI 02908 (401) 222-4700.
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
Office of Water ResourceslWater Quality Certificatlou Program
235 Promeuade Street
Provideuce, Rhode Island 02908-5767
NOTICE
The Office of Water Resources has under consideration the application of:
Requesting a State of Rhode Island Water Oualitv Certification to perform a marsh restoration project. Specific
activities include constructing a headwall structure above the existing cnlvert located beneath the culvert located ou
the seaward side ofOceau Avenue, cleaning out the existing culvert located beneath Ocean Avenue, and removiug
existing obstructions from the contignous tidal channel located landward of Ocean Avenue.
Detailed plaus and specifications may be viewed at the Office of Water Resources in Providence.
The purpose of this NOTICE is to inform all landowners of properties adjoining the site of proposed activities and
other interested individuals or agencies of the proposal and to provide for a period of thirty (30) days within which
counnellls or concerns may be received. You are advised that if you desire (0 submit a statement or have good
reason to enter a protest against the proposed project, it is your privilege to do so. ObjectiOIis to the proposed
project must be submitted in writing and relate to impacts to water quality from the proposed project activities. It is
expected that objectors will review the application and plans thoroughly, visit the site of proposed work, if
necessary, to become familiar with the conditions, and cite which law or laws would be violated by the work
proposed. The NOTICE period for this application ends at 4:00 p.m. on October 27, 2010. TJ1e Office of Water
Resources cannot extend this NOTICE period.
In accordance with the Administrative Procedures Act (Chapter 42-35 of the R.I.G.L.) you may request a hearing on
the matter. If you desire to request a hearing, your request must be submitted in writiug and be received by this
office on or before the NOTICE date above. If you request a hearing, you must attend the scheduled hearing and
give sworn testimony. A notice of the time, location, and nature of such heariug will be furnished to you as soon as
possible after receipt of your request for hearing.
This serves as notice that the Rhode Island Department ofEnvironmental Management, Office of Water Resources,
Water Quality Certification Program has under consideration and review the above described project. The project is
being reviewed for compliance with the State's Water Quality Regulations (AUTHORITY: in accordance with
Clean Water Act, as amended (33 U.S.c. 1251 et.seq.; Chapter 42-35 pursuant to Chapters 46-12 and 42-17.1 oflhe
Rhode Island General Laws of 1956, as amended).
Objections to the proposed project must be submitted in writing and relate to impacts to surface water quality from
the proposed project activity. It is expected that objectors will review the application and plans thoroughly.
If you have any questions related to this NOTICE, contact the Office of Water Resources, Water Quality
Certificatiou Program, 235 Promenade Street, Providence, RI 02908 (401) 222-4700.
RECEIVE]:)
IOcr 04 2010
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
Mayor's Officil'
) !OIl)! of Newport'
Enclosed you wiIl find a copy of a notice of public hearing to be conducted by the Division of Public
Utilities and Carriers regarding the request of Newportravel, LLC to amend the start time of its Jitney tour
service that runs through your municipality.
)
Newportravel, LLC has filed this application under R.I.G.L. 39-13-3 and, because this proposed
service operates in your municipality, this agency is responsible under R.I.G.L. 39-13-5 to notify your office
of the pendency of such an application and the date, time and place of the hearing to consider said application.
Please review the attached hearing notice and the proposed route and schedule to determine if your
community would be affected, positively or negatively, by the granting of such an application and to
determine further if you wish to offer comment or participate more fully in the scheduled hearing.
If you have any questions regarding this matter, please feel free to contact the Division at (401) 780-
2158.
Sincerely,
Terrence Mercer
Associate Administrator
)
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DIVISION OF PUBLIC UTILITIES AND CARRIERS
89 Jefferson Boulevard
) Warwick, Rhode Island 02888
HEARING NOTICE
October 14,2010 Taxicab Transfer - Gonzalez Cab, Inc., 485 Cranston Street,
10:00 a.m. Providence, RI 02907, requests the transfer of its Taxicab
10 MC 79 certificate MCT-362 for a total of one (1) taxicab for
Providence, Cranston, Johnston and T.F. Green Airport and
) Taxicab certificate MCT-363 for a total of fifteen (15)
taxicabs for Cranston, Providence, North Providence and
Johnston, to Jose Taxi, Inc., 222 Hanover Street,
Providence, RI 02907, pursuant to RIGL 39-14-25.
October 15, 2010 Entourage Livery, Inc., 375 East Washington Street, North
9:30 a.m. Attleboro, MA 02703, is requesting authority to operate as a
10 MC 80 public motor vehicle pursuant to RIGL 39-14.1-4.
October 15, 2010 Jitney certificate holder- Newportravel, LLC (J-520), 1225
10:00 a.m. Aquidneck Avenue, Middletown, RI 02842, is requesting
10 MC 81 authority to change the start time of its "Early Bird" tour from
7:30 a.m. to 1:00 p.m. and the start time of "The Best of
Bristol" tour from 1:00 p.m. to 2:30 p.m. pursuant to Title 39,
Chapter 13 of RIGL. The route and fare for each tour will
remain unchanged.
) (9/23/10)
PAGE 10f2
CITY OF NEWPORT, RHODE ISLAND
FROM YEAR TO YEAR, _
PUBLIC ENTERTAINMENT LICENSE APPLICATION
TO THE HONORABLE COUNCIL: DATE: ,I oq- 07-/ 0
DBA Name:
Business Phone: 203 - SLIS-3J66
Parking Availability # of Vehicles: _--,-V""'-"-----))_'TI.lJi2.."'' "' -'-' ' ' 'c.CT1-'-'"",~y=-,;!1 -_5=-° _
Do you have a Liquor or Victualing License: __V"",-'c<.C!.-t"...:"'' 'A' 'I;'J' 'J--_:L::;-'.!<t'-' o->:fel2,. _
Your signature below indicates that you have reviewed the informatlim on this two pageform and agreed
that it is correct. Any change will require that a new application befiled with the City Clerk's Office.
TITLE: I 0 VJ I'Ve.. r
RESTRICTIONS:
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Re: Application of Shobeiri, d/bla Genie's Hookah Lounge, 547 Thames Street
While we have no objection to a Hookah establishment per se, we are very concerned
about having one in this location.
This area of Lower Thames already has a severe parking problem, particularly during
evenings in the sununer season. Due to area bar and restaurant activity, residents often
cannot find a place to park on their own street.
This particular location has a capacity of 105 persons, and an estimated parking
requirement for up to 50 cars. Even if the Wellington and other area lots were to be
available and used, this would simply displace other customers into having to park on our
residential streets. Without the closure of some existing barlrestaurant establishment, we
just cannot absorb a source of even a single additional car here.
In addition, the rear door and potential parking area for this Lounge faces a residential
street and around 40 condominiums. With entertainment and a 2AM closing, the noise
and trash problems would inevitably be unacceptable.
While we believe the proprietor of this establishment has good intentions, we believe this
location is unworkable under any scenario, and strongly urge you to deny the requested
entertainment license.
Sincerely,
'
122
~i~~Jt-
'~
Lee~ ~
e,
15B Harrington Street
Newport, RI 02840
September 27, 2010
RE: Application of Shobeiri, d/b/al Genie's Hookah Lounge, 547 Thames Street
I hope that you will give credence and attention to the plea of residents who would be
adjacent to the proposed Hookah Lounge when we say that we are gravely concerned
with this proposition.
This area of Lower Thames already has a very difficult problem with parking as it is. We
are already competing for the few spaces there are with other restaurant and bar
establishments. It is close to,impossible to find a parking space for residents, particularly
in the summer months.
In addition, there is a real "quali1y of life" issue here for the residents. This is just
another noisy establishment, (aka IYAC) which will have no regard for its neighbors.
The front and rear doors will be open, facing the adjacent homes. It is proposed that this
establishment remain open until 2 AM. This will make living here untenable. The
accompanying noise, trash etc. that can be expected will only add to the reason one
wonders when the wishes of neighbors who support the compatible development of
downtown Newport will be heard.
Thank you for your time and attention and please turn down this application.
Sincerely,
~/~?~~. ib
bLf~,( b~-
Mary Jacobson Marti: JaJobson
I\IL,£YlWv~nZOn.neri ·pmmccarthy@aol.com
l
... . _ •• ;1:;,... ' - ...... , "'1111 m.,llt=L,
Subject: Hookah Lounge
Kate
Kate, we own the condominium at 158 Harrington Street and are extremely unhappy about the prosl?ect of a hookah lounge at
547 Thames Street.
This lounge will add to police activity, congestion. noise, and will degrade our property values and drive business away from lower
Thames Street just at the time lower Thames is trying to develop a viable development plan.
Already this area is assaulted by noise and improper conduct centered on the IYAC. This so-called hookah lounge, featuring
belly dancing and tobacco among other substances that will inevitably creep in, will be a blight on the neighborhood. Why would
this even be seriously considered? There is no parking at all in the area- we cannot find room for our own cars or those of our
guests. And I promise that the police will be called over and over if this goes forward to deal with the unsavory conduct that will
now occur right outside our front door in the parking iots behind the proposed establishment.
Newport should be reducing or banning smoking in bars and lounges, not expanding the activity; Newport should be developing a
viable plan for the improvement of lower Thames. not for its further degradation; Newport should be taking steps to attract viable
and sustainable businesses to lower Thames, not driving out those businesses struggling to survive along this already blighted
street. Newport should be taking steps to keep it attractive for seasonal tourists and residents to come to the City and to lower
Thames; not driving them away. .
Do Council members really think a yacht brokerage can survive in the same building as this proposed lounge? Or that a well
known nautical bookstore will long keep its location in the immediate vicinity? Or that new restaurants. businesses and
residences will grow up in a hookah bar neighborhood with belly dancers?
We calion the City Council to disapprove this proposal and to move on with sustainable and viable economic development in
lower Thames Street area
Sincerely,
It's time our local officials began thinking about those of us who live here instead of putting us on the
defensive and allowing some outside enterprise to drag down and jeopardize our home values and existing
businesses.
Thanks for your support.
SEP -
Owner Address
City:
I I< i IZiP:1 0 ~ol
Owner Phone: Business Phone: ItL(j I~ 2Lc:7-1l/S8 ~
'-'--"-----"--;;~~~~
DURATION: I ,4 Vlbt< U (Annual is DEC 1 thru NOV 30) or if Seasonal (list dates): IL .J
Estimated monetary
investment involved:
I I
Hours of Operation: I [ l::. -5/)c<1'i'T (:. de) ,;!It?yl I
Do you have Extended Hours of Operation (i.e. 2:00 am till 6:00 am)? D if yes, specify extended hours and days:
Hours: I IDays: I --.-J
Is liquor license application being submitted by the applicant? [MJ or will it be in the future? D
baoaa·a~ ••••••• ~
Description andior rendering of architecture to be used (if changing). INITIALS: : Attached? (YES?No) :
. . . . . . . . . 000
:
"'00 • • 00 0
Issued by Date _
Y:'·Web [(\itill!(Vrn007Applkaf,on.(!{lc
Lastprinted 6/512007 10:54 AI
PAGE 2 of2 Victualing License Application De' J. 10 Nov 30,
Owner:
DBA
Location:
Type/Odor Prevention:
Type of
BUSINESS:
Your signature below indicates that you have reviewed the information on this two page form and agree that it
is correct. Any change will require that a ne application be filed with the City Clerk's office.
DD.DDD.DDD • • DD • • • • DD.D.~~~~e ~~D.DD.DD• • • • D • • • • • • • • • • DDD • • D D • • • • DU • • • • • • • • • • • • • • • • • • •
Signatllre of
Applicant:
--~~·:·:~·~·:~··:::':~~~~"~~~~uDC HOG ::.··~·U.D .... DaDOODoo ••• au.up.] Date: t.Q90.k~.I!.C:D.aa.GD.j
Phone #:
I 7/g - rJ~-loq 1,
Print Name:
I""C 38VCl01S
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CITY OF NEWPORT
RESOLUTION
OF
THE COUNCIL
NO. _ _
WHEREAS, The Fort Adams Trust has just completed a master plan
envisioning improved public access to the interior of
the Fort by securing dangerous spaces surrounding the
impressive 6.5 acre Parade field to allow self guided
tours and to facilitate greater appreciation of the
Fort; and
Kathleen M. Silvia
City Clerk
CITY OF NEWPORT
RESOLUTION
OF THE ADDED ITEM - #9-b
COUNCIL
NO.
RESOLVED: that today the City celebrates with the ALT and
thanks the residents who have achieved this
worthwhile and important goal. AND BE IT FURTHER
Kathleen M. Silvia
City Clerk
CITY OF NEWPORT
ORDINANCE
OF THE
COUNCIL
NO.
SECTION 2. This ordinance shall take effect upon its passage and
all ordinances and parts of ordinances inconsistent herewith are
hereby repealed.
IN COUNCIL
Kathleen M. Silvia
City Clerk
Communication # 4761/10
Docket Date: October 13, 2010
City of Newport
REQUEST FOR CITY COUNCIL ACTION .
To: Mayor Jeanne-Marie Napolitano~ersof the City Council
From: Edward F. Lavallee, City Manage _--
Date: October 5, 2010 .
Subject: Energy Conservation Program - Bellevne Avenue Decorative Streetlights
Staff Presentatiou: William R. Riccio, Jr., PE, Director of Public Services
RECOMMENDATION:
Approve energy savings initiative to upgrade the lighting source components (i.e., retrofitting existing light fixtures with
energy efficient bulbs) of the Bellevue Avenue decorative street lights in order to realize annual cost savings for the
City.
National Grid has implemented a program for Municipal Rebates toward energy efficiency initiatives associated with
lighting modifications in order to conserve energy. This program is being administered by Energy Source of Providence,
RI who has recently worked with the Department of Public Services and National Grid in order to analyze the existing
lighting toward opportunities for cost savings for the 200+ decorative street light units along Bellevue Avenue. As a
result of this analysis, Energy Source has proposed retrofitting lighting fixtures into the existing street lights using
induction lighting at a total cost of $1 04,152.00. As part of this program, National Grid is funding 40% of the associated
costs which totals $41,660.00. The difference, $62,492.00, is to be funded by the City of Newport, as the owners of the
lights.
Providing these modifications will produce a savings of 105,776 kilowatt hours annually at a projected annual savings of
$11,297. The State Energy Office advised that the remaining costs associated with this project may be obtained from the
previously awarded ARRA Energy Funds awarded to the City of Newport earlier this year as a qualifying project toward
fund use. Accordingly, the City will realize cost savings at no cost to the City with the combined funding coming from
National Grid Rebates and ARRA funds. .
FISCAL IMPACT
_ Currently Budgeted (Account _ _~~~ -l _ Requires additional appropriation X No Fiscal Impact
SUPPORTING DOCUMENTS
Resolution
Project Proposal
Corporate Information
RESOLUTION
OF THE
COUNCIL
No ..
IN COUNCIL
Kathleen M. Silvia
City Clerk
". .G"··,,·}f·SO."··I
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WW\Y.energysource.cc
September 15,2010
City ofNewport
280 Spring Street
(Antique Street Lighting)
Newport, RI 02840
Energy Source is pleased to present this proposal for energy conservation to City of Newport (Antique
Street Lighting). We trust you'll find this proposal a cost effective means to, not only redueing your
energy bills, but also improving the light quality ofyour work spaee.
Other factors to consider as you evaluate this proposal are that existing lighting-related disruptions and
maintenance costs are eliminated until the new lighting system enters its end of life - typieally several
years. Where possible, we've standardized the lamp type. This will allow you to maintain a single
inVentory of like lamps. Finally, the environmental impact of this' initiative has been documented further
in this proposal. .
I hope you find this proposal informative, Ifyou have any questions please don't hesitate to contact me.
Since~, ,p
,,~,--:7 :d1?1.>t:K'z::::;ra.~
James R. Lavoie
Energy Source
• Existing fixtures consume 190 walts per fixture the new fixtures consume 85 watts
• Existing fixture has a re-strike time of 10- J5 minutes the new fixture is inslant
• Existing lamp has a color-rendering index (CRI) of 65 the new lamp has a CRI of 90
• Bxisting lamps provide 67% lumen maintenance compared to 88% for the new lamp
• Existing lamps have a 20,000 hOllr life the new lamps have a 100,000 life
• Existing ftxtures consume 190 watts per fixture the new fixtures consume 85 watts
• Existing ftxture has a re-strlke time of 10-15 minutes the new fixture is instant
• Existing lamp has a color-rendering index (CRI) of 6S the new lamp has a CRI of 90
• Existing lamps provide 67% lumen maintenance compared to 88% for thenew lamp
• Existing lamps have a 20,000 hour life the new lamps have a 100,000 lite
• Existing fixtures consume 190 watts per fixture the new fixtures consume 85 watts
• Existing fixture has a re-strike time of 10-15 minutes the new fixture is instant
• Existing lamp has a color-rendering index (CRI) of65 the new lamp has a CRJ of90
• Existing lamps provide 67% lumen maintenance compared to 88% for the new lamp
• Existing lamps have a 20,000 hour life the new lmnps have a 100,000 life
QL Ind.u,cti
Type 111 Mult""
Alumi
44
. ..• '.':;:::'~~:: :.,,,,'.;,,,,-.':" ••.•.. :,.~ •••, -,.", ,co";_",,.' ,,,:.,,",,' :..'." "":" \, ••
Existing Luminaire
QL Induction Generator Fitting
Ox/sling Filter Opening
'-
.3/4 ,@ ~27J-
' , 13/18
>~;?lQ;t~it!~:-f:~~~~tt~""",
.' . ~. .tjn6~.,~\»1\, '; .: lim:- ~": Ort(iit::t',~111,
·· ~:~i~:-;-(' "(k~;V;t~i;,;-'->
. "::g:".fI'.om,p,
'i"::i":.":'{:elll
. ,g;lll\'H) oflillY' emL~$·"~+'''~\L _-._,_ ,-',-., ,
• Constmctiort ... .
• llinal ~alk-through with you
;; Development Md delivery ofcomprehensive project completion manual.
Included In that fee is a one-year warranty 011 all Jabor provided by Energy Source. Parts and materials
are covered by standard warranties provided by their manufacturers. The lamps have a two year
manufacturer's warranty and the Induction Generator have Ii flve year manufacturer's warranty. Warranty
periods begin when installation is completed. The oWner has a one-month period following the
completion of the installation to accept or reject work perfonned by Energy Source, after which time we
will assume that the work has been accepted.
Energy Source assumes normal workday access to the job site and paymenl in full within 30 days after
receipt of final invoice. Energy Source will not be held responsible for nonnal wear and tear. The
removal and disposal of asbestos and toxic malerials are the owner's responsibility. This proposal is valid
for a pariod of 60 days from the date shown at the top of this proposal, after which time we will be happy
to provide an adjusted quote if necessary.
The costs of recycling of the HPS lamps will be paid by Energy Source and is included in the cost above.
NOTE: ExcludedjrolJlthe cosls presemed herein are any cosls or expenses arlslngjrolJl
work necess/tated by existing cond/I/ons which are nOI in compliance wilh code
or any unforeseen conditions.
I would like to take this opportunity to thank you for considering Ellergy Source for your eaergy conservation
needs. Ifyou have any questions please do not hesitate to contact me. .
James R. Lavoie
City ofNewport (Antique Street Lighting) is in agreement with the scope of work and tenns as set forth
in this proposal and that said services will be provided at a cosl of $62,492 (after National Grid Incentive)
payable in (24) NATIONAL GRID ON BILL INSTALLMENTS AS FOLLOWS.
BY: DATE:
Customer Information
..; .
,-----,-------·----r---------------,
Application Date: August 30,2010
Expected Completion Dale: Deeember I, 20111
ProposedJ_".centive Recipient:
-----
PROJECT EXPEDlTOR
LGHT: _
l.Ightlng Systems
L007 • El Cuslom
Energy Initiative nationalgrid:
Custom Measures
Customer Information
. Custome".Na~:
;i:.-.,:i"*.~~
,,
. I, Incentive. Summary
==""""==""
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,
l;(ghtlng Systems
011 (MMTU)
Gas.Sace ae.tlng,.(MM.lITU
Gas'NoD Heating (MMBTV)
Water (gal)
Wastewater gal)
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LOO? - EI Custom
Energy Initiative nationalgrid
Custom Measures
Customer Inrormatlon
, ,,,I
Savinlls Summary Incentive Sum",ary ,
--..-_._-------,.....---------- ......
Application Date: June 21. 2010
Expected Completion Date: December 1, 2010
--------1
Proposed Incentive Recipient: PROJECT J!:XPE:;::D:=..lT:..:O::;.::Re:-_--l
."' -.,.
Llghllng Systems
011 (MMTU)
Gas.Space Heating ,(MMBTU)
Gas-Non Heating (MMBTU)
Walel' (gal)
Wastewaler (gal)
Other Savln2s
L007 - EI Cuslom
State of Rhode Island and Providence Plantations - Public Browse and Search Page 1 of2
[ Request a Certificate 1
The exact name of the Domestic Profit Corporation: Energy Source. Inc.
The total number of shares and par value, if any, of each class of stock which the business entity is
City of Newport
REQUEST FOR CITY COUNCIL ACTION
To: Mayor Jeanne-Marie Napolitano ~~mbers of the City Council
From: Edward F. Lavallee, City Manag~r
Date: 27 September 2010
Subject: Award of Bid #11-017- Martin Recreation Center Gym Floor Renovation
Staff Presentation: William R. Riccio, Jr., PE, Director of Public Services
Applicant Presentation:
RECOMMENDATION:
The Department of Public Services recommends award to O'Sullivan Flooring Co., Inc., of North Quincy, MA for the
bid price of not to exceed (NTE) $13,115.00 for complete Gym Floor Renovation to Martins Recreation Gym.
The proposed sanding quote would correct these problems and put off the need for a new floor by as much as 20+ years.
Staff had been projecting that the City would need to completely replace the entire floor at a cost of approximately
$100,000 in the next 3 to 5 years. If this maintenance is performed now, the City could anticipate a great deal of savings
and extension of the life of the existing floor. The floor will be resurfaced and existing boards that are damaged will be
replaced during the process to eliminate potential hazards. This work will also allow savings related to annual floor
refinishing which currently costs the Recreation Department $1,200 in supplies, and Public Services staffing of 3 full
time employees for 40 hours.
The City received three proposals: Rainbow Floors $13,600; O'Sullivan Flooring $13,115; and Universal Gold $16,395.
Accordingly, acceptance of the low bid of O'Sullivan Flooring Co., Inc. is recomm~nded. They have performed similar
work at various municipal/school gym facilities including recent work in the Middletown School District with favorable
reviews from the Director of Facilities.
Beginning work in October would allow the City to have the gym floor work completed in time for the annual
Thanksgiving basketball tournament.
FISCAL IMPACT
_K... Currently Budgeted (Account 13-190-999-133610) _ Requires additional appropriation __ No Fiscal Impact
SUPPORTING DOCUMENTS
Resolution
Bid Tab
Corporate information
Contract
RESOLUTION
OF THE
COUNCIL
No ..
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
Tabulation of BID # 11-017 -Gym Floor Renovations
(Recreation & Facilities)
Rainbow O'Sullivan Universal
Floors Flooring Gold
1. A complete evaluation, inspection and (100 HRS) (200 HRS) (180 HRS)
restoration of vintage wooden gym floor $10,400 $11,120 $11,700
1
Bid # 11-017
List the OffIcers of your Corporation or Principals of your LLC. Award can not be done
without the attachment.
(!..l/lttsniVA tJJ-t//..l:A'V/l1i/'
Name Title/Officer/Position
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Name Title/Officer/Position
Name Title/Officer/Position
Name Title/Officer/Position
Name Title/Officer/Position
Name Title/Officer/Position
Name Title/Officer/Position
Name Title/Officer/Position
9
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Mdre&s; 13M sagamore SI --,---,~
P.O. BoX 30
Norlh QulnGY. MA 02171
USA
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CRARTER Olho" Association Mop'e Flooring Msnufaclurem A.soclolloo (MfMA),
Memborshlp, MFMA ".glols"'d Instoll.I', Acllon Floor O.al.1' tor
MEMBER N.w E"glallll Region, Bonded up.to $ 300,000 pol'
IndIVIdual project, Fully InsurOll, C.rIJUed by Ihe
Oommonweallh of Massauhuselts
·hwtllll~IIO.niVp® . .... cominerolal:Rol:fllalion;(';i1dqp~rt!l .- - - - -
Numbel'oI Roc",ollon.1 . 21-50
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. sysmm Irl ffgYrona~llAm someWhere In NeW t::ngland
6l'{'oo.107.6;Our.~rm,ls.th6.oktEfSlln.Nov{-'Englemd, and
we compleled over 2.6 mlillonsqu,,,,·i\l.et.'
lIymnoslulI\ ffOQ'" In2004..0ur 110m ·lllOlal.led 20
gymneolum 600re tQtaling oval' 146;()0{) oqu.", feel In
all six New England slele. In 2004. W. s.nded and
rellnl.hed 47 gym,'" 11.0 N.w Eng'ontlSlIlt<JSIn 2004.
We oomplotod ovqr 400 oyms 01\ a s('..rean, ('..Iaan, ami
lJlOOetbasluln2004 olloeagalnlnaUslx Nsw England
states. Wa also Insloll eyililislio gYIl11100ro,tlle, 'oarpel,
ond speolally tloo1'8 for dlenl.. .
City of Newport
Standard Contract
For
Reviewed: Date: _
Reviewed: Date: _
Reviewed: Date: _
Reviewed: Date: _
Approved: Date: _
1
This Contract (The "Contract") is made and entered into by and between the City of
Newport, (the "City") and O'Sullivan Flooring CO.,INC, of North Quincy Ma
(the "Contractor"). This Contract shall become effective on the date it is executed by
the last party to execute it ("the effective date").
For and in consideration of the mutual promises, covenants, and agreements set forth
herein, and for other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and the Contractor agree as follows:
ARTICLE 1
THE WORK OF THIS CONTRACT
The Contractor shall execute the entire work described in the Original Bid/Proposal
package and Contract Documents contained herein, except to the extent specified
indicated in the Contract Documents to be the responsibility of others, or as follows:
_ _ _ _ _ _ _ _ _ _ _ _,N/A'-- _
2
ARTICLE 2
DOCUMENTS INCORPORATED BY REFERENCE
This Contract references or includes the plans and specifications for the project as
identified thereon as such included in the original Bid/Proposal Package # _11-
017 , plus the following: N/ A~ _
All of which are hereby incorporated herein by reference and made a part hereof.
Change Orders issued hereafter, and any amendments executed by the City and the
Contractor, shall become, and be a part of this Contract. Documents not included or
expressly contemplated in this Article 2, do not, and shall not, form any part of this
Contract.
ARTICLE 3
REPRESENTATIONS OF THE CONTRACT
In order to induce the City to execute this Contract and recognizing that the City is
relying thereon, the Contractor, by executing this contract, makes the following express
representation to the City:
(a) The Contractor is fully qualified to act as the contractor for the Project and has, and
shall maintain, any and all licenses, permits or other authorizations necessary to act
as the contractor for, and to construct, the Project.
(a) The Contractor has become familiar with the Project site and the Local conditions
under which the Project is to be constructed and operated.
3
(b) The Contractor has received, reviewed and carefully examined all the documents
which make up this Contract, including, but not limited to, the plans and
specifications, and has found them in all respects to be complete, accurate,
consistent, coordinated and sufficient for construction.
(c) The Contractor is familiar with all Federal, State, Municipal, and Departmental Laws,
Ordinances, Orders and Regulations, which may in any way affect the work of those
employed therein, including, but not limited to, any special acts related to the work
or Project of which it is a part;
(d) The Contractor is aware of the hazards involved in the work and the danger to life
and property, both evident and inherent, and the Contractor will conduct the work
in a careful and safe manner without injury to person or property.
ARTICLE 4
INTENT AND INTERPRETATION
With respect to the intent and interpretation of this Contract, The City and the
Contractor agree as follows:
(a) This contract, together with the Contractor's and Surety's performance and payment
bonds for the Project, if any, constitute the entire and exclusive agreements
between the parties with reference to the Project, and said Contract supersedes any
and all prior discussions, communications, representations, understandings,
negotiations, or agreements. This Contract also supersedes any bid/proposal
documents not incorporated herein pursuant to Article 2.
(b) Anything that may be required, implied or inferred by the documents which make up
this Contract, or anyone or more of them, shall be provided by the Contractor for
the Contract Price;
4
(c) Nothing contained in this Contract shall create, nor be interpreted to create, private
or any other relationship whatsoever between the City and any person except the
contractor;
(d) When a word, term, or phrase is used in this Contract, it shall be interpreted or
construed first, as defined herein; second, if not defined, according to its generally
accepted meaning in the industry, and third, if there is no generally accepted
meaning in the industry, according to its common and customary usage;
(e) The Contractor shall have a continuing duty to read, examine, review, compare and
contrast each of the documents which make up this Contract, shop drawings, and
other submittals and shall give written notice to the City of any conflict, ambiguity,
error or omission which the Contractor may find with respect to these documents
before proceeding with the affected work. The express or implied approval by the
City of any shop drawings or other submittals shall not relieve the Contractor of the
continuing duties imposed hereby, nor shall any such approval be evidence of the
Contractor's compliance with this Contract.
(f) However, The City makes no representation or warranty of any nature whatsoever
to the Contractor concerning such documents. The Contractor, again hereby
acknowledges and represents that it has received, reviewed and carefully examined
such documents, has found them to be complete, accurate, adequate, consistent,
coordinated and sufficient for construction, and that the Contractor has not, does
not, and will not rely upon any representations or warranties by the City concerning
such documents, as no such representations or warranties have been or are hereby
made;
(g) In the event of any conflict, discrepancy, or inconsistency among any of the
documents which make up the Contract, the following shall control:
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(1) As between drawing and specifications, the specifications shall govern;
(2) As between figures given on plans and scaled measurements, the figures shall
govern;
(3) As between this document and the plans or specifications, this document shall
govern.
ARTICLE 5
OWNERSHIP OF DOCUMENTS WHICH MAKE UP THE CONTRACT
The document which make up this Contract, and each of them, as well as any other
documents furnished by the City, shall remain the property of the City. The City shall
provide the Contractor with a sufficient number of copies of the complete Contract as
the City determines necessary. The Contractor shall have the right to keep the
Contractor's executed set; provided, however, that in no event shall the Contractor use,
or permit to be used, any portion or all such Contract on other projects without the
City's prior written authorization. All sets in usable condition, with the exception of the
Contractor's executed set, shall be returned to the City at the completion of the work or
termination of the Contract.
ARTICLE 6
CONTRACTOR'S PERFORMANCE
The Contractor shall perform all of the work required, implied or reasonably inferable
for this Contract including, but not limited to the following:
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(c) The provision and furnishing, and prompt payment therefor, of labor, supervision,
services, materials, supplies, equipment, fixtures, appliances, facilities, tools,
transportation, storage, power, fuel, heat, lights, cooling, or other utilities, required
for completion of the project and all necessary building permits and other permits
required for the Project;
(d) The creation and submission to the City of detailed and comprehensive as-built
drawings depicting all as-built construction (if necessary). Said (as-built) drawings
shall be submitted to the City upon final completion of the Project and receipt of
same by the City shall be a condition precedent to final payment to the Contractor.
ARTICLE 7
TIME FOR CONTRACTOR'S PERFORMANCE
(a) The Contractor shall commence the performance of this Contract within ten (10)
calendar days after the Notice to Proceed and shall diligently continue its
performance to and until final completion of the Project (subject to winter
shutdown period if necessary as provided for in Article 8, Paragraph (L)). The
Contractor shall accomplish Substantial Completion of the Project on or before the
dates established pursuant to Paragraph (K) and (L) in Article 8.
ARTICLE 8
PAYMENT TO CONTRACTOR
(a) The City shall pay, and the Contractor shall accept, as full and complete payment
for the Contractor's timely performance of its obligation hereunder, the Contract
sum oCThirteen Thousand One Hundred Fifteen Dollars ($ _13,115.00__).
The price set forth in this Paragraph 8, shall constitute the Contract Price, which
shall not be modified except by a Change Order as provided by this Contract.
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(b) All contracts in excess of $1,000.00 are subject to RIGL and required by state law
and CFR-29 to pay state prevailing wage. "The Davis-Bacon" Act and prevailing
wage applies Certified payrolls must be submitted on a weekly or by-weekly basis
along with payment requests.
(c) The City shall pay the Contract Price to the Contractor in accordance with the
procedures set forth in this Paragraph 8. On or before the 15th day of each month
after commencement of performance, but no more frequently than once monthly,
the Contractor may submit a Payment Request for the period ending the 31 st day of
proceeding the month. Said Payment Request shall be in such format and include
the City may require. Each Payment Request shall be signed by the Contractor and
shall constitute the Contractor's representation of the quantity of work has reached
the level for which payment is requested. And that the work has been properly
installed or performed in strict compliance with this Contract and that the
Contractor knows of no reason why payment should not be made as requested.
Thereafter, the City shall review the Payment Request and may also review the
work at the Project site or elsewhere to determine whether the quantity and quality
of the work is as represented in the Payment Request and is as required by this
Contract. The City shall approve in writing the amount which, in the opinion of the
City, is properly owing to the Contractor. The payment of the Contractor's invoice
will be made no later than thirty (30) days after the receipt of the invoice.
(d) The City shall retain a percentage of the progress or monthly payment claimed
including approved change orders. The retainage shall remain a ten (10%) percent
until seventy-five (75%) percent of the Contract is complete, as determined by the
City. At that time, if the City decides the Contractor is making adequate progress,
the City may reduce retainage to five (5%) percent of the dollar value of all work
satisfactorily complete to date, including change orders. Any further reductions in
the retainage amount shall be at the City's discretion. The City shall pay the
8
retainage to the Contractor within ninety (90) days of the date the work is accepted
by the City unless a dispute exists with respect to the work.
(e) Upon Substantial Completion, the City may reduce the amount of retainage to the
final retainage of five (5%) percent of the dollar value of all work satisfactorily
completed to date, including approved change orders plus an additional retainage
based on the City's estimate of the fair value of any punch list items and the cost of
completing and/or correcting such incomplete or defective items or work. As these
items are completed, they shall be paid for out of the retainage until Final
Completion and the City declares Acceptance of Work. The final 5% retainage shall
be paid to the Contractor by the City within ninety (90) days of the date the work is
accepted by the City, unless a dispute exist with respect to the work.
(f) Upon final Completion and Acceptance of the Work, the City shall issue a certificate
attached to the final payment request stating that the City under the conditions of
the Contract Documents has accepted the Work. The entire balance to be due the
Contractor shall be paid to the Contractor within ninety (90) days of the Final
Completion and Acceptance of Work.
(g) When payment is received from the City, the Contractor shall immediately pay all
subcontractors, materialmen, laborers, and supplies the amounts they are due for
work covered under such payment. In the event the City becomes informed that
the Contractor has not paid a subcontractor, materialmen, laborers or suppliers, as
provided herein, the City shall have the right, but not the duty to issue future
checks and payments to the Contractor of amounts otherwise due hereunder
naming the Contractor and any such subcontractors, materialmen, laborer, or
supplier as joint payees. Such joint check procedure, if employed by the City, shall
create no rights in favor of any person or entity beyond the right of the named
payee to payment of checks and shall not be deemed to commit the City to repeat
the procedure in the future.
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(h) Neither payment to the Contractor, utilization of the Project for any purpose by the
City, nor any other act or omission by the City shall be interpreted or construed as
an acceptance of any work of the Contractor not strictly in compliance with this
Contract.
(i) The City shall have the right to refuse to make payment and, if necessary, may
demand the return of a portion or all of the amount previously paid to the
Contractor due to:
(1) The quality of a portion, or all, of the Contractor's work not being in
accordance with the requirement of this Contract;
(2) The quantity of the Contractor's work not being as represented in the
Contractor's Payment Request, or otherwise;
(3) The Contractor's rate of progress being such that, in the City's opinion,
Substantial or Final Completion, or both, may be inexcusably delayed;
(4) The Contractor's failure to use Contract funds, preViously paid the Contractor
by the City, to pay Contractor's Project-related obligations including, but not
limited to, sUbcontractors, laborers, material and equipment suppliers;
(5) Claims made, or likely to be made, against the City or its property.
(7) The Contractor's failure or refusal to perform any of its obligations to the City.
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(8) Failure to provide certified payrolls in accordance with Davis Bacon wage
determinations and Rhode Island General Laws.
In the event that the City makes a written demand upon the Contractor for amounts
previously paid by the City as contemplated in this paragraph, the Contractor shall
promptly comply with such demands.
U) When Substantial Completion has been achieved, the Contractor shall notify the
City in writing and shall furnish to the City a listing of those matters yet to be
finished. The City will thereupon conduct and inspection to confirm that the work is
in fact Substantially Complete. Upon its confirmation that the Contractor's work is
Substantially Complete, the City will so notify the Contractor in writing and will
therein set forth the date of Substantial Completion. If the City, through its
inspection, fails to find that the Contractor's work is Substantially Complete, and is
reqUired to repeat all, or any portion, of its Substantially Completion inspection, the
Contractor shall bear the cost of such repeat inspection(s) which cost may be
deducted by the City from any payment then or thereafter due the Contractor.
(k) When the Project is finally complete and the Contractor is ready for final inspection,
it shall notify the City thereof in writing. Thereupon, the City will perform a final
inspection of the Project. If the City confirms that the Project is complete in full
accordance with this Contract and the Contractor has performed all of its
obligations to the City hereunder, the City will furnish a final Approval for Payment
certifying that the Project is complete and the Contractor is entitled to the
remainder of the unpaid Contract Price, less any amount Withheld pursuant to this
Contract. If the City is unable to issue its final Approval for Payment and is
reqUired to repeat its final inspection of the Project, the Contractor shall bear the
cost of such repeat inspection(s), which costs may be deducted by the City from
the Contractor's final payment.
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(I) The Contractor is to begin work within ten (10) days after the Notice to Proceed
and shall complete the work within 35 consecutive calendar
days. If the Contractor fails to complete the work as set forth in the paragraph
B(l), the Contractor shall pay the City the sum of _One
Hundred Dollars Dollars ($ _100.00 ) per
day for each and every calendar day of unexcused delay in completing the work.
Any sums due and payable hereunder by the Contractor shall be payable, not as a
penalty, but as liquidated damages representing an estimate of delay damages
likely to be sustained by the City, estimated at or before the time of executing this
Contract. When the City is reasonably believes that the date of completion will be
unexcuseable delayed, the City shall be entitled, but not required, to withhold from
any amounts otherwise due the Contractor an amount then believed by the City to
be adequate to recover liquidated damages applicable to such delays. If and when
the Contractor overcomes the delay in achieving completion of the work, or any
part thereof, for which the city has withheld payment, the City shall promptly
release the Contractor those funds Withheld, but no longer applicable, as liqUidated
damages.
(m) The Time for completion noted above has been developed upon assumptions that
the work may be suspended during winter shutdowns if necessary. The Director of
Public Works, in the City of Newport, shall determine winter shutdowns for this
Project. The time period specified for completion of the work in paragraph (k)
above shall be suspended during such winter shutdowns. The Contractor shall plan
on winter shutdown period based upon these dates unless otherwise directed by
the City. The winter shutdown dates are subject to change depending on weather
conditions. The City shall notify the Contractor in writing if there is a change in the
winter shutdown period due to weather, environmental or other conditions, which
preclude the work from being executed in accordance with these documents.
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(n) Prior to being entitled to receive final payment, and as a condition precedent
thereto, the Contractor shall furnish to the City, in the form and manner required
by the City:
(2) If requested by the City, separate releases of lien or lien waivers from each
subcontractor, lower-tier subcontractor, laborer, supplier or other person or
entity who has, or might have a claim against the City or the City's property;
(4) All product warranties, operating manuals, instruction manuals, and other
record documents, drawings, and things customarily required of the
Contractor, or expressly required herein, as part of or prior to Project closeout.
ARTICLE 9
MUNICIPAL POLICE TRAFFIC CONTROL
The Cost of Municipal Police Traffic Control shall be paid in accordance with RIGL §37-
12-10. The Contractor shall be responsible for scheduling Municipal Police Officers for
traffic control purposes through the Police Department for the City of Newport. If
traffic control assignments are cancelled without twenty-four (24) hours' notice, the
Contractor is responsible to pay the City of Newport for the hours Police Officers would
have worked, if it had not been for the untimely cancellation of the assignment. The
City at its sole discretion may require such scheduling be pre-approved by the Public
Works Department. The Contractor is responsible for all highway safety equipment for
traffic control purposes including, but not limited to proper signage and traffic cones.
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ARTICLE 10
CEASE AND DESIST ORDER
In the event the Contractor fails or refuses to perform the work as required herein, the
City may instruct the Contractor to CEASE and DESIST from performing further work in
whole or in part. Upon request of such instruction, the Contractor shall immediately
cease and desist as instructed by the City and shall not proceed further until the cause
of the City's instruction has been corrected, or no longer exists, or the City instructs
that the work resume. In the event the City issues instructions to cease and desist, and
in the further event that the Contractor fails and refuses within seven (7) calendar days
of receipt of same to provide adequate assurance to the City that the cause of such
instructions will eliminate or corrected, then the City shall have the right, but not the
obligation, to carry out the work with its own forces, or with the forces of another
Contractor, and the Contractor shall be fully responsible and liable for the costs of
performing such work by the City. The rights set forth herein are in addition to, and
without prejudice to, any other rights or remedies that the City may have against the
Contractor.
ARTICLE 11
DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR
In addition to any and all other duties, obligations and responsibilities of the Contractor
set forth in this Contract, the Contractor shall have and perform the following duties,
obligations and responsibilities to the City:
(a) The Contractor is again reminded of its continuing duties set forth in Subparagraph
4 (e) which are by reference hereby incorporated in this Subparagraph 10 (a). The
Contractor shall not perform work without adequate plans and specifications, or, as
appropriate, approved shop drawings, or other submittals. If the Contractor
performs work knowing or believing it involves an error, inconsistency or omission
14
in the Contract without first providing written notice to the City and the Architect,
the Contractor shall be responsible for such work and pay the cost of correcting
same;
(b) All work shall strictly conform to the requirements of this Contract;
(c) The Work shall be strictly supervised, the Contractor bearing full responsibility for
any and all aspects or omissions of those engaged in the work on behalf of the
Contractor;
(d) The Contractor hereby warrants that all labor furnished under this Contract shall be
competent to perform the task undertaken, that the product of such labor shall
yield only first-class results, that all materials and equipment provided shall be new
and of high quality, that the completed work will be complete, of high quality,
without defects, and that all work strictly complies with the requirements of this
Contract. Any work not strictly complying with the requirements of this
Subparagraph shall constitute a breach of the Contractor's warranty;
(e) The Contractor shall obtain and pay for all reqUired permits, fees and licenses
customarily obtained by the Contractor. The Contractor shall comply with all legal
requirements applicable to the work.
(f) The Contractor shall employ and maintain at the Project site, only competent
supervisory personnel.
(g) The Contractor shall keep an updated copy of this Contract at the Project site.
Additionally, the Contractor shall keep a copy of approved shop draWings and other
submittals. All of these items shall be available to the City at all regular business
hours. Upon final completion of the work, all of these items shall be finally updated
and prOVided to the City and shall be come property of the City.
15
(h) The Contractor shall maintain the Project site in a reasonably clean condition during
performance of the work. Upon final completion, the Contractor shall thoroughly
clean the Project site of all debris, trash and excess materials or equipment.
(i) At all times relevant to this Contract, the Contractor shall permit the City to enter
upon the Project site and review or inspect the work without formality or other
procedure.
(j) All contracts in excess of $1,000.00 are subject to RIGL and required by state law
and CFR-29 to pay state prevailing wage. "The Davis-Bacon" Act and prevailing
wage applies Certified payrolls must be submitted on a weekly or by-weekly basis
along with payment requests.
ARTICLE 12
DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CITY
(a) Except for permit fees, which are the responsibilities of the Contractor, the City shall
secure and pay for necessary approvals, easements, assessments and charges
required for the construction, and services performed pursuant to the Contract.
(b) If the Contractor fails to correct work, which is not in accordance with the
requirements of the Contract, and persistently fails to carry out the work in
accordance with the Contract, the City, by a written letter, may order the Contractor
to stop all work, or any portion thereof, until the cause of such order has been
eliminated; however, the right of the City to stop the work shall not give rise to a
duty on the part of the City to exercise this right for the benefit of the Contractor,
or any other person or entity.
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(c) Upon completion and acceptance of the work, the City shall issue a certificate
attached to the final payment request that the City under the conditions of the
Contract has accepted the work.
ARTICLE 13
"OR EQUAL" CLAUSE
(b) If more than one brand, make of material, device, or piece of equipment is shown
or specified, each should be regarded as the equal of the other. Any other brand,
make of material, device or equipment, which in the opinion of the City or its
Authorized Representative, is the recognized equal of that specified (considering
quality, workmanship, and economy of operation), and is suitable for the purpose
intended, may be accepted.
ARTICLE 14
INDEMNITY
The Contractor shall indemnify and hold the City harmless from any and all claims,
liability, damages, loss, cost and expense of every type whatsoever, including, without
limitation, attorney's fees and expenses, in connection with the Contractor's
performance of this Contract, provided that such claims, liability, damages, loss, cost of
expense is due to sickness, personal injury, disease or death, or loss or destruction of
17
tangible property (other than the work itself), including loss of use resulting therefrom,
to the extent caused by the Contractor, or anyone for whose acts the Contractor may
be liable, regardless of whether such liability, claim, damage, loss or expense is caused
in part by the City.
ARTICLE 15
CLAIMS BY THE CONTRACTOR
Claims by the Contractor against the City are subject to the following terms and
conditions:
(a) All Contractor claims against the City shall be initiated by a written claim submitted
to the City. Such claims shall be received by the City no later than seven (7)
calendar days after the event, or the first appearance of the circumstances, causing
the claim, and the same shall set forth in detail all known facts and circumstances
supporting the claim;
(b) The Contractor and City shall continue their performance hereunder regardless of
the existence of any claim submitted by the Contractor.
(c) In the event the Contractor discovers previously concealed and unknown site
conditions which are materially at variance from those typically and ordinarily
encountered in the general geographical location of the Project, the Contract Price
shall be modified, either upwards or downward, upon the written claim made either
party within seven (7) calendar days after the first appearance to such party of the
circumstances. As a condition precedent to the City having any liability to the
Contractor due to concealed and unknown conditions, the Contractor must give the
City written notice of, and an opportunity to observe such condition prior to
disturbing it. Failure by the Contractor to give written notice and make the claim as
provided by this Subparagraph 12(c) shall constitute a waiver by the Contractor of
any rights arising out of or relating to such concealed and unknown condition.
18
(d) In the event the Contractor seeks to make a claim of an increase in the Contract
Price, as a condition precedent to any liability of the City therefor, the Contractor
shall strictly comply with the requirements of Subparagraph 12(a) above, and such
claim shall be made by the Contractor before proceeding to execute any additional
or change work. Failure of the condition precedent to occur shall constitute a
waiver by the Contractor of any claim for additional compensation.
(e) In connection with any claim by the Contractor against the City for compensation in
excess of the Contract Price, any liability of the City for the Contractor's cost shall
be strictly limited to direct cost incurred by the Contractor and shall in no event
include indirect costs or consequential damages of the Contractor. The City shall
not be liable to the Contractor for claims of third parties including subcontractors,
unless and until liability of the Contractor has been established therefor in a court
of competent jurisdiction.
(f) In the event the Contractor shall be delayed in performing any task which at the
time of the delay is then critical, or which during the delay, becomes critical, as the
sole result of any act or omission by the City or someone acting in the City's behalf,
or by City-authorized Change Orders, unusually bad weather not reasonably
anticipatable, fire or other Acts of God, the date for achieving Substantial
Completion, or, as applicable, final completion, shall be appropriately adjusted by
the City upon the written claim of the Contractor to the City. A task is critical within
the meaning of this Subparagraph 12(f), if and only if, said task is on the critical
path of the Project schedule so that delay in performing such task will delay the
ultimate completion of the Project. Any claim for an extension of time by the
Contractor shall strictly comply with the requirements of Subparagraph 12(a)
above. If the Contractor fails to make such claims as required in this Subparagraph
12(f), any claim for an extension of time shall be waived.
19
ARTICLE 16
SUBCONTRACTORS
Upon execution of this Contract, the Contractor shall identify to the City, in writing,
those parties intended as subcontractors on the Project. The City shall, in writing, state
any objections the City may have to one or more of said subcontractors. The
Contractor shall not enter into a subcontract with any intended subcontractor with
reference to whom the City objects. The Contractor shall not award work to a
subcontractor(s) in excess of fifty (50%) percent of the Contract Price, without prior
written approval of the City. All subcontracts shall afford the Contractor rights against
the subcontractor, which corresponds, to those rights afforded to the City against the
Contractor herein. Nothing contained in this Contract shall create any contractual
relation between any subcontractor and the City.
ARTICLE 17
WAGE RATES
(a) There shall be paid to each laborer or mechanic of the Contractor or subcontractor
engaged in the work on the Project under this Contract in the trade or occupation,
an hourly wage rate pursuant to §37-13-7 of the General Laws of the State of
Rhode Island regardless of any contractual relationship which may be alleged to
exist between the Contractor or any subcontractor and such laborers and
mechanics.
(b) If, after the award of the Contract, it becomes necessary to employ any person in a
trade or occupation not classified in the contract, such person shall be paid at not
less than a rate to be determined by the same authority which established the
other wage rates for this Contract. Such approved minimum rate shall be
retroactive to the time of the initial employment of such person in such trade or
occupation. The Contractor shall notify the City of his intention to employ persons
20
in trades or occupations not classified in sufficient time for the City to obtain
approved rates for such trades or occupations.
(c) The foregoing specified wage rates are minimum rates only, and the City will not
consider any claims for additional compensation made by the Contractor because of
payment by the Contractor of any wage rate in excess of the applicable rate
contained in this Contract. The Contractor shall adjust all disputes in regard to the
payment of wages in excess of those specified in this Contract.
(d) Except as may otherwise be required by law, all claims and disputes pertaining to
the classification of labor employed on the Project under this Contract, shall be
decided by the City's governing body or other duly designated official.
ARTICLE 18
CHANGE ORDERS
One or more changes to the work within the general scope of this Contract may be
ordered by a Change Order. The Contractor shall proceed with any such changes, and
the same shall be accomplished in strict accordance with the follOWing terms and
conditions:
(a) Change Order shall mean a written order to the Contractor executed by the City
after execution of this Contract, directing a change in the work and may include a
change in the Contract Price or the time for the Contractor's performance, or any
combination thereof;
(b) Any change in the Contract Price resulting for a Change Order shall be determined
as follows:
21
(1) By mutual agreement between the City and the Contractor as evidenced by (a)
the Change in the Contract Price being set forth in the Change Order, (b) such
change in the Contract Price, together with any conditions or requirements
relating thereto, being initialed by both parties and (c) the Contractor's
execution of the Change Order; or,
(2) If no mutual agreement occurs between the City and the Contractor, the
Change in the Contract Price, if any, shall be derived by determining the
reasonable actual costs incurred or savings achieved, resulting from revisions
in the work. Any such costs or savings shall be documented in the format and
with such content and detail as the City may require.
(c) The execution of a Change Order by the Contractor shall constitute conclusive
evidence of the Contractor's agreement to the ordered changes in the work, this
Contract as thus amended, the Contract Price and the time for performance by the
Contractor. The Contractor, by executing the Change Order, waives and forever
releases any claim against the City for additional time or compensation for matters
relating to or arising out of or resulting from the work included within or affected
by the executed Change Order.
(d) The Contractor shall notify and obtain the consent and approval of the Contractor's
surety with reference to all Change Orders if such notice, consent or approvals are
required by the City, the Contractor's surety or law. The Contractor's execution of
the Change Order shall constitute the Contractor's warranty to the City that the
surety has been notified of, and consents to, such Change Orders and the surety
shall be conclusively deemed to have been notified of such Change Order and to
have expressly consented thereto.
22
ARTICLE 19
DISCOVERNING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK
(a) In the event that the Contractor covers, conceals or obscured its work in violation
of this Contract or in violation of a directive from the City, such work shall be
uncovered and displayed for the City's inspection upon request, and shall be
reworked at no cost in time or money to the City.
(b) If any of the work is covered, concealed or obscured in a manner not covered by
Subparagraph 15(a) above, it shall, if directed by the city, be uncovered and
displayed for the City's inspection. If the uncovered work conforms strictly to this
Contract, the cost incurred by the Contractor to uncover and subsequently,
replaces such work shall be borne by the City. Otherwise, such costs shall be
borne by the Contractor.
(c) The Contractor shall, at no cost in time or money to the City, correct work rejected
by the City as defective or failing to conform to this Contract. Additionally, the
Contractor shall reimburse the City for all testing, inspection and other expenses
incurred as a result thereof;
(d) In addition to its warranty obligations set forth elsewhere herein, the Contractor
shall be specifically obligated to correct any and all defective or nonconforming
work for a period of twelve (12) months following final completion upon written
direction from the City.
(e) The City may, but in no event be reqUired to, choose to accept defective or
nonconforming work. In such event, the Contract Price shall be reduced by the
greater of (1) the reasonable cost of removing and correcting the defective or
nonconforming work, and (2) the difference between the fair market value of the
Project as constructed and the fair market value of the project had it not been
23
constructed in a manner as to include defective or nonconforming work. If the
remaining portion of the unpaid Contract Price, if any, is insufficient to compensate
the City for the acceptance of defective or nonconforming work, the Contractor
shall, upon written demand from the City, pay the City such remaining
compensation for accepting defective or nonconforming work.
ARTICLE 20
TERMINATION BY THE CONTRACTOR
If the City repeatedly fails to perform it material obligations to the Contractor for a
period of thirty (30) days after receiving written notice from he Contractor of its intent
to terminate hereunder, the Contractor may terminate performance of his Contract by
written notice to the City. In such event, the Contractor shall be entitled to recover
from the City as though the City has terminated the Contractor's performance under
this Contract for convenience pursuant to Subparagraph 18(a) hereunder.
ARTICLE 21
CITY'S RIGHT TO SUSPEND CONTRACOR'S PERFORMANCE
(a) The City shall have the right at any time to direct the Contractor to suspend its
performance, or any designated part thereof, for any reason whatsoever, or
without reason, for a cumulative period of up to thirty (30) calendar days. If any
such suspension is directed by the City, the Contractor shall immediately comply
with same;
(b) In the event the City directs a suspension of performance under this paragraph 21,
through no fault of the contractor, the City shall pay the Contractor as full
compensation for such compensation the Contractor's reasonable cost, actually
incurred as paid, of:
24
(1) demobilization and remobilization, including such costs paid to sUbcontractors;
(4) Performing in a later or during a longer time frame than that contemplated by
this Contract.
ARTICLE 22
TERMINATION BY THE CITY
The City may terminate this Contract in accordance with the following terms and
conditions:
(a) The City may, for any reason whatsoever, terminate performance under this
Contract by the Contractor for convenience. The City shall give written notice of
such termination to the Contractor specifying when termination becomes effective.
The Contractor shall also terminate outstanding orders and subcontracts. The
Contractor shall settle the liabilities and claims arising out of termination of
subcontracts and orders. The City may direct the Contractor to assign the
Contractor's right, title and interest under termination orders or subcontracts to
the City or designee. The Contractor shall transfer title and deliver to the City
such completed or partially completed work and materials, equipment, parts,
fixtures, information and Contract rights as the Contractor has. When termination
for convenience, the Contractor shall be compensated as follows:
(1) The Contractor shall submit a termination claim to the City specifying the
amount due because of termination for convenience together with cost,
pricing or other data required by the City. If the Contractor fails to file a
25
termination claim within one (1) year from the effective date of termination,
the City shall pay the Contractor, an amount derived in accordance with
Subparagraph (3) below:
(2) The City and the Contractor may agree to the compensation, if any, due to
the Contractor hereunder;
(3) Absent agreement to the amount due the Contractor, the City shall pay the
Contractor the following amounts:
(4) The Total sum to be paid the Contractor under this Subparagraph 18(a), shall
not exceed the total Contract Price as properly adjusted, reduced by the
26
amount of payments otherwise made, and shall in no event, include
duplication of payments.
a) If the Contractor does not perform the work, or any part thereof, in a
timely manner, supply adequate labor, supervisory personnel or proper
equipment or materials, or if it fails to timely discharge its obligations for
labor, equipment, and materials, or proceeds to disobey applicable law, or
otherwise commits a violation of a material provision of this Contract, then
the City, in addition to any rights it may have against the Contractor or
others, may terminate the performance of the Contractor and assume
possession of the Project site and of all materials and equipment at the site
and may complete the work. In such case, the Contractor shall not be paid
further until the work is complete. After final completion has been achieved,
if any portion of the Contract Price, as it may be modified hereunder, remains
after the cost to the City of completing the work, including all costs and
expenses of every nature incurred, has been deducted by the City, such
remainder shall belong to the Contractor. Otherwise, the Contractor shall pay
and make whole the City for such costs. This obligation for payment shall
survive the termination of the Contract. In the event the employment of the
Contractor is terminated by the City for cause pursuant to this Subparagraph
18(b) and is subsequently determined by a Court of competent jurisdiction
that such termination was without cause, such termination shall thereupon be
deemed a Termination for Convenience under Subparagraph 18(a) and the
provision of Subparagraph 18(a) shall apply.
27
ARTICLE 13
INSURANCE
The Contractor shall carry and maintain the following insurance coverage at his own
expense:
(a) All insurance for this Contract shall be written by a company (or companies)
acceptable to the City and all policies or certificates shall be submitted to the City
for examination prior to commencement of operations by the Contractor. In the
event any policy or certificate, the amount of insurance, or company writing it, is
not satisfactory to the City, the Contractor shall secure other policies or certificates
in form and amount with a company satisfactory to the City. The Contractor shall
not permit policies to be changed, cancelled, or to lapse and all policies shall
include a clause to the effect that the policy shall not be subject to cancellation of
a reduction in the limits of liability or amounts of insurance until notice has been
sent by mail to the City stating when, (not less than thirty (30) days thereafter)
such cancellation or reduction shall be effective. All certificates of insurance shall
be delivered to the City and contain true transcripts for the policy or policies
authenticated by the proper officer of the insurer evidencing in partiCUlar, those
insured, the extent of the insurance, the location and operation to which the
insurance applies, the expiration date and the above mentioned notice as to the
location and operations involved.
If any part of the work is sublet, similar insurance shall be proVided by or in behalf
of the subcontractor to cover their operations. The Contractor shall be charged
with the responsibility for insurance protection for all his subcontract operations
and should the Contractor's policy not cover each and every subcontractor,
certificates of insurance acceptable to the City covering each and every
subcontractor shall be filed with the City prior to the commencement of
subcontract operations.
28
(b) Contractor's Liability Insurance.
Liability insurance shall include all major divisions of coverage and be on a
comprehensive general liability basis including:
(c) The insurance required by this Subparagraph (b) shall be written for not less that
the following, or grater if required by Law:
a. Bodily Injury:
$1,000,000 - Each Occurrence
$1,000,000 - Annual Aggregate
b. Property Damage
$1,000,000 - Each Occurrence
$1,000,000 - Annual Aggregate
29
c. Products and Completed Operations to be maintained for one (1) year
after final payment.
a. Bodily Injury:
$1,000,000 - Each Occurrence
b. Property Damage:
$1,000,000 - Each Occurrence
$1,000,000 - Annual Aggregate
a. Body Injury:
$500,000 - Each Occurrence
$1,000,000 - Each Occurrence
b. Property Damage:
$1,000,000 - Each Occurrence
30
insure against the perils of fire and extended coverage and shall include "ALL
RISK" insurance for physical loss or damages including, without duplication
of coverage, theft, vandalism and malicious mischief.
(1) Property Damage Liability arising out of the collapse of or injury to any
building or structure due to excavation (including burrowing, filling or back-
filling in connection therewith), tunneling, pile driving, cofferdam work or
caisson work; or moving, shoring, underpinning, razing, or demolition of any
building or structure, or removal or rebuilding of any structural support
thereof.
(3) Property Damage Liability for injury to destruction of wires, condUits, pipes,
mains, sewers, or other similar property, or any apparatus in connection
therewith below the surface of the ground arising form and during the use of
mechanical equipment for the purpose of excavating or drilling within project
limits; injury to or destruction of property at any time resulting therefrom.
(4) The Contractor shall require similar insurance in such amounts to be taken
out and maintained by each and every Subcontractor.
31
(d) "ALL RISK" Insurance:
The Contractor shall require and maintain "ALL RISK" type Builder's Insurance.
This insurance shall be in an amount equal to 100% of the insurable portion of
the Project, and shall be for the benefit of the City, the Contractor and each
Subcontractor as their interest may respectively appear.
ARTICLE 24
SURETY BONDS
The Contractor shall be licensed to do business in the State of Rhode Island and
shall furnish separate performance and payment bonds to the City. Each bond
shall set forth a penal sum in the amount of not less than the Contract Price.
Each bond furnished by the Contractor shall incorporate by reference the terms of
this Contract, as fully as through they were set forth verbatim in such bonds. In
the event the Contract Price is adjusted by Change Order executed by the
Contractor, the penal sum of both the performance bond and the payment bond
shall be deemed increased by that amount. The performance and payment bonds
furnished by the Contractor shall be in the form suitable to the City and shall be
executed by a surety, or sureties, reasonably acceptable to the City.
ARTICLE 25
PATENTS
The Contractor shall pay all applicable royalties and license fees. The Contractor
shall defend all suites or claims for infringement of any patent rights, and save the
City harmless from loss on account thereof, except that the City shall be
responsible for any such loss on when a particular process, design, or product of a
manufacturer(s) is specified. However, if the Contractor has reason to believe
that the design, process or product specified is an infringement of a patent; the
32
Contractor shall be responsible for such loss unless the Contractor promptly gives
such information to the City.
ARTICLE 26
APPRENTICES
ARTICLE 27
ASSIGNMENTS
The Contractor shall not assign the whole or any part of this Contract or any
monies due or to become due hereunder, without the written consent of the City.
In case the Contractor assigns all or any part of any monies due or to become due
under this Contract, the instrument of assignment shall contain a clause
substantially to the effect that is agreed that the right of the assignee in and to
any monies due or to become due to the Contractor shall be subject to prior
claims of all persons, firms or corporations for services rendered or materials
supplied for the performance of the work called for in this Contract.
ARTICLE 28
APPLICABLE LAW
The Law is hereby agreed to be the law of the State where the Project is situated.
33
ARTICLE 29
SUCCESSORS AND ASSIGNS
Each party binds itself, its successors, assigns, executors, administrators, or other
representatives to the other party hereto and to successors, assigns executors,
administrators or other representatives of such party in connection with all terms and
conditions of this Contract.
CITY CONTRACTOR
By: By:
(Signature) (Signature)
, Mayor
(Printed Name and Title) (Printed Name and Title)
34
Communication # 4763/10
Docket Date: October 13, 2010
City of Newport
REQUEST FOR CITY COUNCIL ACTION
To: Mayor Jeauue-Marie Napolitauo F e be of the City Conucil
From: Edward F. Lavallee, City Manage.
Date: October 4, 2010
Subject: Newport Couuty Fuud "Commou Ground" Grant Application- ExpalldHealthy
Communities Demonstration Grant Project
Staff Presentation: SlIsan Cooper, Director of Recreation
RECOMMENDATION:
To apply for a "Common Ground" grant for $25,000 from the Newport County Fund to expand the impact of the 2010
"ACHIEVE" Healthy Communities Demonstration grant received by the City of Newport. This partnership development
project will build on and expand the existing efforts of the Community Health Action and Response Team (CHART),
Newport Hospital, Newport Public Schools and the Newport School Committee's wellness committee. The emphasis
will be to introduce a unified effort to create policy, system and enviromnental changes to reduce chronic disease
countywide by increasing "healthy options".
Newport was named one of 10 communities receiving the NRPA "Healthy Communities" grant funding in 2010. The
Action Communities for Health, Innovation and Enviromnental Change (ACHIEVE) grant, is building on community
efforts and collaborations to address chronic disease risk factors of physical inactivity, poor nutrition, and tobacco use in
Newport. The new grant application builds on this established partnership to expand its work into a greater collaboration
effort. The purpose is to establish common assets and risk factors among all the county communities. If a policy is to be
effective, it will be much more effective if it's duplicated in the neighboring communities. The $25,000 grant does not
require a match except for in-kind services. The funding is for 1 year, and if the planning efforts are successful,
additional grants will be solicited to provide technical support and in measuring outcomes for a total of 3 years.
FISCAL IMPACT
_ Currently Budgeted (Account -') _ Requires additional appropriation .le No Fiscal Impact
Existing staff services only as in-kind match
SUPPORTING DOCUMENTS
Resolution - Common Ground grant application
ACHIEVE Healthy Communities· Newport background information
Newport County Fund Grant Application Information
RESOLUTION
OF THE
COUNCIL
No ..
IN COUNCIL
Kathleen M. Silvia
City Clerk
Newport County Fund:
Common Ground Grants
This new initiative promotes regional collaboration by encouraging organizations to identify common
ground in meeting the diverse needs of Newport County. Common Ground grants will support creative
collaborative projects that cross institutional boundaries and the borders of Newport County's six cities
and towns. This program seeks projects that take advantage of regional relationships to build stronger
organizations through collaboration across Newport County.
NCF will consider proposals for project collaborations in six sectors: arts and culture, community and
economic development, education, environment, health, and human services or other area of
demonstrated need. Projects adopting a multi-sector focus are strongly encouraged.
In awarding these grants, NCF is looking for opportunities to foster innovation and achieve
organizational efficiencies in the design and delivery of a variety of programs and services. Proposals
that reduce duplication of service and provide strategies for long-term sustainability will be given special
consideration.
Eligibility
This competitive grants program provides support for the planning and implementation of collaborative
projects for nonprofit, 501(c) organizations and municipal departments located and operating in
Newport County. Awards will be made to one organization in the partnership to support the program
collaboration. Grants will range from $20,000-$50,000. NCF expects to award three to five grants from
this program in 2010.
The Newport County Fund does not fund individuals or scholarships, capital or endowment efforts,
medical research, debt reduction, fund raising events, or campaigns to elect candidates to public office.
Grants may support faith-based organizations for secular programs or projects.
As a Foundation-established fund with geographic focus, the Newport County Fund awards grants that
serve to supplement, not replace, the Foundation's current statewide grantmaking programs. Grant
support from NCF will not reduce eligibility to apply to The Rhode Island Foundation for other grant
support.
Grants are awarded annually, on a year-to-year basis. Successful projects may reapply for additional
funding, but NCF does not make multi-year commitments.
Please note: Projects that previously have received support from the Foundation must submit interim
or final reports before the Newport County Fund can award a new grant.
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCil
IN COUNCIL
READ AND PASSED
~Abruary 24, 2010
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
City of Newport
REQUEST FOR CITY COUNCIL ACTION
To: Mayor Jeanne-Marie Napolitano & Members of the City Council
From: Edward F. Lavallee, City Manager ~i ."
Date: October 1,2010 (J'" ..
Subject: CSO Stakeholders Workgroup
Staff Presentation: Julia A. Forgue, Director of Utilities
RECOMMENDATION:
The formation of the CSO Stakeholders Workgroup was approved per Resolution No 2010-120. The Department has
solicited members from the various interest groups and present for Council approval the requests for membership
received to date.
At the Council Workshop on the CSO Program held June 2, 2010, CH2M Hill presented an outline for forming a
Stakeholders Workgroup to assist with public outreach as we proceed with implementing the CSO Long Term Control
Program. In the presentation on June 2nd the makeup of the workgroup was suggested in order to have a good cross
section of representation. Council Resolution No. 2010-120 also added additional liaisons for the workgroup.
The names that have been submitted to represent the various CSO Stakeholder Workgroup interest groups are presented
on the attachment for City Council approval.
The representatives from the following interest groups are stillbeing solicited: .
FISCAL IMPACT
_ Currently Budgeted (Account )_ Requires additional appropriation ..lL No Fiscal Impact
SUPPORTING DOCUMENTS
Listing of prospective workgroup members
City of Newport:
Dept. of Public Services William Riccio Eric Earls
Dept. of Planning Paige Bronk William Hanley
Harbormaster Timothy Mills
NO.2010-120
IN COUNCIL
READ AND PASSED
Augu",t 11,2010,
Communication # 4765/10
Docket Date: October 13, 2010
City of Newport
REQUEST FOR CITY COUNCIL ACTION
To: Mayor Jeauue-Marie Napolitauo ~~s of the City Couucil
From: Edward F. Lavallee, City Mauagett'u
Date: October 1, 2010
Subject: Award of Bid # B-OB- Thames St. Sanitary Sewer Interceptor Rehabilitation
Staff Preseutatiou: Jnlia A. Forgue, Director of Utilities
RECOMMENDATION:
The Department of Utilities staff recommends the award of the construction contract for the base bid for the Thames
Street Sanitary Sewer Interceptor Rehabilitation to the lowest responsive bidder, Spiniello Companies, Livingston, NJ
for the base bid of $4,299,984.00 and Added Alternate of $50,000. An allowance of $1 00,000.00 for Police Details was
included in the bid documents however this will be paid for directly by the City. The total recommended expenditure for
this project shall be $4,449,984.00. Funding for this project will be provided by the Clean Water State Revolving Loan
Funds (SRF).
The City solicited bids from utility contractors for the Thames Street Sanitary Sewer Interceptor Rehabilitation Project
and four (4) bids were received. Upon opening of the bids, the City's design engineer, CH2M Hill reviewed the unit
prices and qualification documentation provided. CH2M Hill's detailed Bid Summary is attached.
Based on the conclusions from the review of the bids and qualification documentation provided it is recommended that
the contract for the project be awarded with the Added Alternate to Spiniello Companies as the lowest responsible and
responsive bidder.
SUPPORTING DOCUMENTS
Resolution
Bid tabulation
CH2M Hill Bid Summary
Corporate Information
RESOLUTION
OF THE
COUNCIL
No .
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
TABLE 2: BID TABULATION
CiTY OF NEWPORT, RI • THAME
Contract: 11·011 Metra Industries, Inc.
Bid Date: September 241 2010
CH2M HILL has completed a preliminary review of the bid documents and references
submitted by Spiniello Companies, Boyer, Inc., Metra Industries, and R. Zoppo Corporation for
the Thames Street Sanitary Sewer Interceptor Rehabilitation project. Bid reference checks are in
progress. Our findings are summarized below.
Bid Summary
At 2:00 PM on September 24, 2010, four bids received by the City's procurement office were
opened for the Thames Street Sanitary Sewer Interceptor Rehabilitation project.
The City announced that it was 2:00 PM and that the bid period had closed. The City opened
each bid and read aloud the Total Base Bid and Accelerated Project Completion Bid for each
bidder. The City announced that the apparent low Total Base Bid was Spiniello Companies. A
summary of the base bid and total bid results are presented in Table 1 below.
Table 1 - Summary of Total Base Bid and Accelerated Project Completion Bid
Accelerated
Project Total Base Bid +
Completion Accerated Project
Bidder Total Base Bid Bid Completion Bid Rank
Metra Industries $8,243,400.00 $400,000.00 $8,643,400.00 4th
R. Zoppo
Corporation" $7,574,350.00 $600,000.00 $8,174,350.00 3rd
Boyer, Inc. $5,841,050.00 $307,501.00 $6,148,551.00 2nd
Spiniello 1st, Apparent
Companies2 $4,399,984.00 $50,000.00 $4,449,984.00 Low
,
1 Zappo s pnce for Item No. 12 was corrected to match the quantIty and umt prtce shown on the bId form.
2 Spiniello' 5 total price for Item 14 was corrected to match the unit price provided in words.
After the bids were read, a preliminary check of each bidder's package was performed to
determine if they provided all the required forms with their bids. After reviewing each
THAMES_STREET~EHABIUTATION_BJD~EV(EW_FINAL(2)
COPYRIGHT 2010 BY CH2M HILL, INC•• COMPANY CONFIDENTIAL
THAMES STREET SANITARY SEWER BID EVALUATION CH2MHILL
package, the City reported that it appeared that each bidder included the required forms with
their bid. Table 2 attached to this document provides the bid submittal checklist used to
determine conformance with the Contract Documents' required bid submittals.
Spiniello Companies submitted the lowest bid and provided a substantially complete bid
package. In addition to the required bid submittals, Spiniello Companies also provided
financial statements that included an independent auditor's report prepared by Leaf, Saltzman,
ManganeIIi, Pfeil & Tendler, LLP, who reviewed the company's balance sheets for 2008 and
2009. The financial statements were found to conform with generally accepted accounting
principles.
Review of Bid Amounts
Review of the base and alternate bids submitted for the project confirm that the range is broad-
but the differences may be attributed to the rehabilitation products and installation methods
inherent in each contractor's bid documents. As compared to the other bidders, Spiniello
Companies Total Base Bid was approximately 25% lower than the 2nd ranked bid and 47% lower
than the high bid. The two high bids are based on the use of an Ameron product. The 2nd ranked
bidder proposes to use a Danby Pipe Renovation ™ polyvinyl chloride liner system. Spiniello
Companies proposes to use a Channeline™ glass fiber reinforced polyester lining system. The
unit prices for work items listed in the bid form were also reviewed. This review found
variances that can be attributed to the selected lining technology. For example, the Danby
system can be installed through existing manholes. Correspondingly the bid using this system
contained the lowest price for Item 3, Furnishing and Installing 6O-inch Manholes (at Insertion Pits).
In contrast, the price for the Channeline™ and Ameron products which require excavation of a
trench 20 to 30-feet in length, were significantly higher. With the exception of Zoppo's $lM bid
for Item 8, Site Restoration, the bids appeared to be both responsive and balanced.
Review ofPipeline Rehabilitation Systems
The technical requirements for the Thames Street project are based on evaluation of CCTV
inspections and a significant public involvement program. Correspondingly, requirements are
included in the bid documents to address engineering, operations, and social concerns. The
rehabilitation method specified in the documents is sliplining. This technology provides a
comprehensive long-term solution while minimizing (relative to other technologies) impacts to
adjacent property owners and the community in general.
Sliplining technologies allowed by the specifications include both glass fiber reinforced polymer
mortar pipe (GRPM) and spiral wound polyvinyl chloride system (spiral wound) systems. The
GRPM systems listed by name in the Contract Documents include Ameron and Hobas Pipe
USA. The spiral wound systems named include Sekisui America and Danby. The Contract
Documents do not list all product manufacturers but they do include provisions for "equals" to
these products.
Although the three higher bids are based on products named in the specifications, Spiniello
Companies proposes to use Channeline™. This product is a glass fiber reinforced system that
meets the requirements of American Society for Testing and Materials (ASTM) 3262, Standard
Specification for "Fiberglass" (Glass-Fiber-Reinforced Thermosetting-Resin) Sewer Pipe as
required by the Contract Documents. Channeline™ is considered an equal to Ameron and
Hobas Pipe USA and fully meets the requirements of the specifications.
THAMES STREET SANITARY SEWER BID EVALUATION CH2MHILL
The Channeline™ system can be installed in an active sewer up to 50% full and is structurally
independent of the existing (or host) pipe. Channeline™ presents advantages over other GRPM
systems as it can accommodate bends and minor misalignments and is provided in sections
approximately 7 feet in length making it much easier to handle. The Ameron and Hobas
systems cannot accommodate bends and segments are typically provided in 20-30 foot lengths.
The primary disadvantage of this system is that it is manufactured in Dubai however it is
understood that Channeline™ can provide pipe to the work site within 6-8 weeks of order.
Therefore it is not anticipated that this will affect Spiniello Companies ability to complete the
project within the required schedule.
Low Bidder Experience and Ability to Perform:
Spiniello Companies appears fully qualified for this project. According to their bid submittal,
Spiniello Companies has been in business for 88 years. A list of rehabilitation projects
completed and ongoing from 2008 through mid-2010 was provided with their bid. This list
satisfies the requirements of the Contract Documents which included successful rehabilitation
of a minimum of 50,000 linear feet of 24-inch diameter or larger sewers and 6,000 linear feet of
experience sliplining of sewers 24-inch and larger. The project rehabilitation list includes
numerous brick, arch and large diameter (>42-inch) sanitary sewers.
Spiniello Companies is currently working on rehabilitation projects throughout the United
States including the northeast. Examples of similar projects (sliplining, non-circular, large
diameter, etc.) Spiniello has completed or under construction within the last 2 years in the
northeast include:
Spiniello has significant resources in terms of equipment and manpower, therefore providing
the required resources to execute the Thames Street Sanitary Sewer Interceptor Rehabilitation
does not appear to be an issue.
Spiniello's bank and surety references checked out with adequate bonding capacity and no
issues reported. Other references were obtained from consulting engineers. Responder's
indicated that Spiniello completed work on time with no change orders. Responder's were
generally satisfied with Spiniello's work and would be happy to work with them again in the
future (See Attachment A for Spiniello's Bank reference and phone conversation logs). Spiniello
3
THAMES STREET SANITARY SEWER BID EVALUATION CH2MHILL
also provided project references which demonstrate their extensive sewer rehabilitation work
experience of equal and greater complexity.
Recommendations
Based on the review discussed above, information provided with the bids, and references
provided to-date, CH2MHILL offers the following conclusions and recommendations for the
award of the Thames Street Interceptor Rehabilitation Project:
• Spiniello Company's bid for both the base project and the alternate item for an "accelerated
completion" appear to be responsive and the best value for the City.
• The Channeline™ product meets the technical requirements specified in the bid documents
and the City's objectives of implementing a long-term solution to rehabilitating the
interceptor.
• Spiniello's completed project work includes rehabilitation of 70,000 feet (13-miles) of water
and sewer pipelines. References for their work indicate that their projects are completed to
the satisfaction of the owner.
Based on the issues summarized in this memorandum (and backup attachments) CH2MHILL
recommends that the Thames Street Interceptor Rehabilitation Project be awarded to Spiniello
Companies as the lowest, responsible and responsive bidder.
Attachments:
Table 2: Bid Opening Submittal Checklist
Attachment A: Reference Checks for Spiniello Companies
Attachment B: Reference Checks for Boyer, Inc.
4
TABLE 2
BID OPENING SUBMITTAL CHECKLIST
CITY OF NEWPORT, RHODE ISLAND - THAMES STREET SANITARY INTERCEPTOR REHABILITATION
Contract: 11~11
Bid Date: September 24,2010
~ 0
'"
0
c ~'C
..~ " . ~ ~
~
...I 'C £!
,g 0
0
c
..
0 0
!
-.
00- oJ!
TOTAL BID (BASE a
0 ~ oE
0 !0
.,.
0
;~ ...11: o~
o~ ~~~ gGi~ 000
NAME OF BIDDER TOTAL AMOUNT OF ;:!:! ~a
~o
..,.=s g]~ :;- i
" .
0 -0 .5
PLUS o~ 0 0 o~
0 0 ~§ :1:0
BASE BID
ALTERNATES)
0
0:
"'''1
~!
~ .. CI~
~
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".. .... ..
0
0
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,0
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0;
•
",.0
~i
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~ci
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::1= E-
.
~ .. 0 0 ~o 0 E~-
iii W O 0 00 oz o •N·
0
0
~
a a "0 .= ~a:: ~ Jt ; ~~
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0
II 0 •
~ 0
--0
'" 0
Spiniello Companies $4.399.984.00 $4,449,984.00 1 IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl
Boyer, Inc. $5,841,050.00 $6,148,551.00 2 IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl
RZoppo Corp $7,574,350.00 $8,174,350.00 3 IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl
missing
Metra Industries $8,243,400.00 $8,643.400.00 4 IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl
page 2
THAMES STREET SANITARY SEWER BID EVALUATION CH2MHILL
Attachment A:
Reference Checks for Spiniello Companies
5
09/29/2010 WED 15,43 FAX 1i!J001/00l
'I
I
• Santander
I
I
September 29, 2010
CH2MHILL
Attn; Jen Fulton
DearJcn:
ht respome to your recent inquiry, we are pleased to inform you that the above referenced Cll8tomer
has maintained deposit acCOWlts with Sovereign Bank since November 2002, with an aggregate year-
to-date average balance in moderate six (6) figures.
We have exten4ed this customer a revolving line of credit of a moderate eight (8) figures with a high
seven (7) figures outstanding at this time. These accounts have been handled as agreed.
Sincerely,
MOL
Ronald Andersen
Senior Vice President
Commercial Banking Group
Randersl@Sovereignbankcom
RA:ps
Date: 9/27/2010
Time: 12:00 PM
1) Q: What is Spiniello's current bonding capacity (are they capable of taking on this
project?)
2) Q: Has there ever been an issue on a project where the Owner or Engineer
contacted the bonding company for any reason?
A: No
3) Q: Has either the payment or performance bond ever been pulled?
A: No
Notes: Robyn Rost has been handling Spiniello's account for over 15 years and there has
never been a problem with their account. Robyn reports that they are a great customer.
TELEPHONE CONVERSAnON RECORD
Date: 9/27/201 0
Time: 1:15 PM
1) Q: Is the work complete (when)? If so, did Spiniello complete the work on time?
Were there any project delays?
A (G&H): Contract 1 is complete and was completed on time (one small extension
granted by the county which was justifiable). Contract 7 is ongoing, no delays so far.
3) Q: Were there any change orders? If so, were they the resuit of Owner requested
changes or Contractor requested changes? What were the change order amount(s)
in comparison to the bid amount?
Date: 9/27/201 0
Time: 2:25 PM
1) Q: Is the work complete (when)? If so, did Spinielio complete the work on time?
Were there any project delays?
3) Q: Were there any ohange orders? If so, were they the result of Owner requested
changes or Contractor requested changes? What were the change order amount(s)
in comparison to the bid amount?
Notes: Project Cost $3,726,979. Peter mentioned that Spinielio had a "terrible" project
manager to start but he was replaced and everything went great from there on. Peter
mentioned that Spinlelio is widely known in the Midwest, but he also mentioned that they did
some work for MWRA 7-8 years ago.
*Answers from Spiniello are provided for information only, and were not part of the phone
conversation.
THAMES STREET SANITARY SEWER BID EVALUATION CH2MHILL
Attachment B:
Reference Checks for Boyer, Inc.
6
SEP/30/2010/THU 10:51 AM Allegiance Bank Tx FAX No. 2818943290 P, 002
* Allegiansep~
September 30, 2010
Jen Fulton
CH2MHILL
Tel: 617-626-7026
Fax; 215-640-9311
Account #1
Date Opened: 10/31/2007
QUarterly Average Balanoe: mid 6 fJgUres
Rating: Satisfaotory
Account #2
Date Opened: 11/20/2008
Quarterly Average Balanoe: low 6 figures
Rating: Satisfaotory
Aooount #3
Dll.te Opened: 8/17/2009
Quarterly Average Balance: low 5 figures
Rating: Satisfactory
Thank you,
Monioa Hogan
Loan Operatioli$
281-894-3223
TELEPHONE CONVERSATION RECORD
Date: 9/28/201 0
Time: 10:55 AM
A: ACT Pipe & Supply has been in business with Boyer for over 12 years.
A: Yes.
3) Q: Is Boyer's account in good standing? Have there been any payment issues in the
past?
Date: 9/28/2010
Time: 11 :00 AM
A: Mustang Tractor has been in business with Boyer, Inc. since at least 1986.
2) Q: Is Boyer's account In good standing? Have there been any payment issues in the
past?
A: Boyer's high credit runs at about 600k and they have an unlimited credit line with
Mustang Tractor. Boyer pays in terms. Boyer's history with Mustang Tractor is good,
Doug indicated that "they have a wonderful business relationship".
TElEPHONE CONVERSATION RECORD
Date: 9/28/2010
Time: 11 :35 AM
City of Conroe
3) Q: Is the work complete (when)? If so, did Boyer complete the work on time? Were
there any project delays?
A (City): The work was completed about a month ago (ahead of schedule).
A (City): Rehab of an existing 30" sewer with 24" liner. Jacked 13,000 LF of Hobas
pipe and replaced Manholes. Boyer surveyed and recommended realignment in
some areas. Realignment ended up reducing overall cost (project came in $100k
under budget)
6) Q: Were there any change orders? If so, were they the result of Owner requested
changes or Contractor requested changes? What were the change order amount(s)
in comparison to the bid amount?
A (City): There were some change orders, but in the end they reduced the overall
cost by $100k.
Notes: Erwin Burden said that he "can't say enough good things about Boyer" and they are
"the best Contractor he has ever worked with". Project Cost $2,309,468.
'Answers from Boyer are provided for information only, and were not part of the phone
conversation.
If \~
Bid # 11·011
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Communication # 4766/10
Docket Date: October 13, 2010
City of Newport
REQUEST FOR CITY COUNCIL ACTION
To: Mayor Jeauue-Marie Napolitano ~9Jhers of the City Council
From: Edward F. Lavallee, City Maualltw"
Date: October 1, 2010
Subject: Amendment #2 to Contract # 10-008 Engineering Services Thames Street and
Wellington Avenue Sanitary Sewer Improvements
Staff Presentation: Julia A. Forgue, Director of Utilities
RECOMMENDATION:
The Department of Utilities staff recononends the award of Amendment #2 to Contract # 10-008, Engineering Services,
Thames Street and Wellington Avenue to CH2M Hill, Boston, MA in the amount not to exceed $750,249.00. The award
is to provide engineering oversight, full time resident construction inspection services, verification of lateral connections,
preparation of as built records, and coordinate public involvement program for the Thames Street Sanitaty Sewer
Interceptor Rehabilitation Construction Contract #11-011. Funding for this project will he provided by the Clean Water
State Revolving Loan Funds (SRF). The SRF funding requires the construction project to have resident construction
inspection services.
Tasks in Amendment No.2 will consist of coordination of the general conditions of the contract with the contractor; full
time resident inspection services including a second resident inspector as needed to accommodate multiple crews for
the accelerated schedule; field inspection to support the identification of active sewer laterals to be reconnected; review
of all· payment requests from contractor; evaluation of all requests for information andlor change orders from the
contractor; review all performance testing ; final inspections and project closeout; coordinate a public involvement
program; and preparation of as-built drawings.
FISCAL IMPACT
l Currently Budgeted (Account 10-190-5000-50440 Activity 104315) _ Requires additional appropriation
_ No Fiscal Impact
SUPPORTING DOCUMENTS
Resolution
Amendment #2
Finance Dept Review: Date By: ~"""'L-_ (if applicable)
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No ..
IN COUNCIL
Kathleen M. Silvia
City Clerk
AMENDMENT NO.2
TO THE AGREEMENT
BETWEEN
CITY OF NEWPORT
AND
CH2MHILL
FOR
ENGINEERING SERVICES FOR THAMES STREET AND WELLINGTON AVENUE
SANITARY SEWER INTERCEPTOR IMPROVEMENTS
PROJECT NO.1 0-008
In consideration of the mutnal promises herein contained, the parties hereto agree to amend
their Agreement # 10-008, dated October 14, 2009 as follows:
I. Contract Includes
Add the following additional scope of services to Exhibit "B", Scope of Services:
Construction Phase Services for Thames Street Interceptor Rehabilitation
CH2MHILL will provide construction phase services for the Thames Street Sanitary Sewer
Rehabilitation Project (Project No. 11-011) as defined as follows. The construction phase
services are intended to assist the City with administration of the contract for construction,
monitoring the performance of the construction Contractor, verify that the Contractor's
work is in substantial compliance with the contract documents, and assist the City in
responding to events that occur during the construction. The construction phase services
are based upon the understanding that engineer will provide full-time construction
observation (resident engineering) of the project, and the City will be actively involved in
the construction process to make decisions, provide approvals, and perform other actions
necessary for the completion of the construction. The overall budget provides half-time
office support by the Project Engineer to assist in answering general contract related
questions and coordination between the Design team, the Resident Engineer and the City of
Newport.
In additional to the standard construction phase services, CH2MHILL will provide a second
resident inspector as needed to accommodate an accelerated construction schedule. Should
the Contractor provide multiple crews or require work to be performed outside normal
working hours (nights or weekends), a second resident inspector will be provided to inspect
the ongoing work. CH2MHILL will also provide field inspection, mapping and office
support services to identify the active laterals that will be reconnected to the Thames Street
Interceptor as part of this project. It is assumed the field work associated with identifying
the active laterals will be conducted during the mobilization period.
Also in addition to the standard construction phase services, CH2MHILL will champion a
Public Involvement Program geared towards the City's businesses located along the project
area.
The services provided herein are outlined below on a task specific basis:
Task F.1 -Initial Coordination Requirements, General Requirements, Monthly Progress
Meetings, Project Management & Construction Administration
CH2M HILL will provide Contractor coordination including review of the initial
construction schedule, temporary facilities, traffic plan, flow control plan, shoring plan,
dewatering plan, construction videos, photographs and other general conditions
requirements.
CH2M HILL will attend monthly progress meetings at the site to review progress and
quality of work. During the site visits, CH2M HILL will observe the general quality of the
work at the time of the visit and review any specific items of work that are brought to the
attention of the design team members by the Contractor or the City. CHZM HILL will
prepare a standard meeting agenda and meeting minutes will be prepared following each
meeting. Review and updates to the construction schedule will be provided with progress
meeting minutes.
One monthly progress meeting has been budgeted for the duration of the project, for a total
of seven (7) progress meetings.
Task F.2 - Resident Inspection Services (Full-time Construction Observation) and Special
Inspections (Part-time Construction Observation)
The CH2M HILL Resident Engineer will provide full-time resident inspection during the
normal working hours stated in the Contract Documents for the duration of the construction
work. Daily on-site observations of the Contractor's work will be conducted for the purpose
of providing the City a greater degree of confidence that the completed construction work
conforms to the Contract Documents and that the integrity of the design concepts have been
implemented and preserved by the Contractor. Due to the nature of construction,
additional field and office support is included in this task to support work outside normal
working hours. The specific requirements for these services will be coordinated with the
Contractor and the City. It is expected that a limited amount of night and!or weekend work
activity will be necessary given the contractual time constraints imposed on the Contractor
as well as the complexity of construction with these types of liner systems. CH2MHILL
anticipates that the construction will require multiple crews for part of the construction
period. In addition, the spray on liner portion of the work will require a specialty crew
experienced in the application of this product. For these reasons, a second special
inspection resident engineer has been budgeted part of the project as noted below. The
Special Inspections Resident Engineer has been budgeted half time in the field for the
fabrication, construction and site restoration periods of the project.
The Resident Engineer will prepare written daily reports or other records of their
observations and will keep a log of materials and equipment delivered, incorporated into
the work, and! or stored on or off-site. The Resident Engineer will also witness testing, and
monitor material specification sheets and test results. The Resident Engineer will provide
monthly progress reports and summaries of work completed.
The Resident Engineer will serve as the liaison with the Contractor, generally
communicating through the Contractor's on-site superintendents and assisting the
Contractor in understanding the intent of the Contract Documents. The Resident Engineer
will also coordinate with the City when the Contractor's operations affect the City's on-site
operations, or when additional information is required from the City to facilitate execution
of the work. The Resident Engineer's observations shall not relieve the Contractor from
responsibility for performing the work in accordance with the Contract Documents, and
CH2M HILL shall not assume liability for the construction of the project. CH2M HILL shall,
with the assistance of the City, obtain written plans from the Contractor for quality control
of their work, and will monitor the Contractor's compliance with their plans.
Full time Resident Engineering service has been budgeted assuming full time inspection for
150 on-site working days by the Contractor during the Mobilization, Fabrication,
Construction and Site Restoration Phases for work being performed during normal working
hours allowed by contract (M-F, 7AM to 5PM). A total of 150 on-site working days have
been budgeted. It is assumed that no work will take place on the following Holidays:
11/25/2010; 11/26/2010; 12/24/2010; and 12/31/2011.
Half time Special Inspections Resident Engineering service has been budgeted assuming
half time inspection for 131 on-site working days by the Contractor during the Fabrication,
Construction and Site Restoration Phases for work being performed outside of normal
working hours (M-F, 7AM to 5PM). This item covers night-time work being performed after
normal working hours and work performed on weekends. A total of 131 on-site working
days have been budgeted at half time. It is assumed that no work will take place on the
following Holidays: 12/24/2010; and 12/31/2011.
In addition to the Resident Engineering services, this task also includes the field and
mapping support services associated with identifying the active service laterals that will be
reconnected to the Thames Street Interceptor by the Contractor as part of the project.
CH2MHILL has assumed the Special Resident Inspector will be full-time on-site during the
mobilization phase of the project. A total of 19 on-site field days have been budgeted. A
total of 40 hours of mapping services has been budgeted.
Task F.3 - Review Contractor's Payment Requests
Review the Contractor's payment requests with the Resident Engineer to ensure the
Contractor's requested quantities align with the field records for work completed in
accordance with the Contract Documents and are ready for payment. CH2M HILL will
coordinate and resolve any changes required, and will provide the City with the approved
payment requisitions. Included in this scope of work is review and approval of seven (7)
payment (one for mobilization, one for fabrication, four during construction and one during
site restoration) requests by the Contractor. Based on our experience with unit price line
item payment requisitions, two iterations are typical before the Contractor's payment
request is recommended for payment.
A more detailed breakdown of the hours is as follows:
• 4 hours to compare, communicate and resolve Contractor's discrepancies in installed
quantities for each review (assumed 2 iterations/payment requisition to reach
agreement on the installed values; 56 hours total)
• 4 hours to perform final QC check and formally recommend payment to the City for
each payment requisition (28 hours total).
• 4 hour administrative support for each final payment requisition (photocopying, filing,
etc.; 28 hours total)
Task F.4 - Evaluate Requests for Information and Change Orders
The hours associated with RFIs (Requests for Information), RFPs (Requests for Proposals)
and CaRs (Change Order Requests) are to handle issues that inevitably come up during
construction. CH2MHILL will respond to RFIs issued by the Contractor.
CH2M HILL will review the Contractor's requests for information (RFIs) or clarification of
the contract for construction. CH2M HILL will coordinate such review with the design team
and with the City as appropriate, and will coordinate and issue responses to the requests.
As the Owner's representative on the project, CH2M HILL will issue RFPs to the Contractor
to obtain pricing for compensation to address new work requested by the Owner or
changed conditions in the field, such as relocation of utilities (utility interference) that are
currently unknown that would be applied to the Contractor's allowance for this item).
Based on current information, we are aware of seven utility interferences that will need to
be addressed by the contractor. CH2MHILL assumes that an RFP will need to be issued to
address each of these utility interferences.
CH2M HILL will assist the City in reviewing and responding to the Contractor's change
order requests (CaRs). CH2M HILL will coordinate such review with the design team and
with the City as appropriate, and will coordinate and issue responses to the requests. An
example of an instance where the Contractor may be due a change order could include
repair/replacement of side street pipe if the connecting sewer is found to be in poor
condition. Issues like these would be addressed by Change Order Request from the
Contractor. CH2MHILL will evaluate, issue and process the Contractor's request for a
change order.
CH2MHILL will also maintain a log of all RFIs, RFPs and CaRs on a monthly basis. The log
will be kept to track the Contractor's requests and ensure that all requests are responded to
in accordance with the provisions outlined in the Contract Documents. Based on our
experience, a total of 15 RFIs, 7 RFPs and 5 CaRs are assumed under this task.
A more detailed breakdown of the hours is as follows:
• 6 hours per RFI (90 hrs total)
• 6 hours per RFP (42 hrs total)
• 8 hours per COR (40 hrs total)
• 20 hours total of support to log and track RFIs, RFPs and CaRs, photocopy, distribute,
etc. for the duration of the construction period
• 6 hours to prepare final balancing change order to the contract.
Task F.5 -Inspection and Testing
The contract documents require the contractor to meet specific field and performance tests
as part of the contract requirements. The CH2M HILL Construction team will in
coordination with the Contractor and product manufacturer, develop an acceptable testing
plan for the rehabilitated Thames Street Interceptor to ensure the field testing results
conform to the contract document requirements. It is assumed that the Resident Engineer
will witness these tests while performing the full time inspections scope of work (Task F.2),
so no additional on-site field time has been added for this service.
The laboratory results for the field tests will be reviewed by the CH2M HILL Construction
team for compliance with the contract requirements, which will ensure work quality is
being met. It is assumed the Resident Engineer will complete their review of the test results
while performing the full time inspections scope of work (Task F.2), so no additional
Resident Engineering time has been added for this service.
The liner material will playa key role in the project's success and longevity of the
interceptor. As such, one trip by the project manager and the senior project engineer to
inspect the liner after delivery to the project site and before installation has been included in
this scope of services.
This task includes engineering support for the inspection, testing and reconnection of active
service laterals to the Thames Street interceptor. CH2MHILL will provide office assistance
to the Contractor in determining which service laterals are to be reconnected as part of the
project as well as be onsite while the Contractor performs the investigative work.
CH2MHILL will maintain field notes of the investigative work and will coordinate review
of records provided by the Contractor and the City. CH2MHILL has included office
support for this task. Field and mapping support for service lateral investigations is
included in task F.2.
Supervision and review of sampling and testing specific to contaminated soils and/or
groundwater are not included in this task.
Task F.6· Final Inspections
CH2M HILL will assist the City with inspections at substantial and final completion, in
accordance with the contract for construction. Based on the substantial completion
inspection, CH2M HILL will prepare a punch list of items requiring completion or
correction before final completion can be achieved by the Contractor. Upon notification of
the Contractor, CH2M HILL will conduct a final inspection and verify the Contractor has
completed the punch list. CH2M HILL will make a recommendation to the City regarding
acceptance of the work based upon the results of the final inspection.
One substantial completion inspection and one final completion inspection by the
CH2M HILL Construction team is assumed as part of this service. CH2M HILL will rely on
the Resident Engineer to make an initial determination of whether the project is
substantially complete as defined in the contract documents. The Substantial Completion
Inspection will be conducted when the Contractor believes the project has reached the
Substantial Completion milestone and the post-installation CCTV records have been
submitted and reviewed. Once the Owner's representatives agree that the project is
substantially complete, CH2MHILL will issue the Certificate of Substantial Completion to
the Contractor. The Project Engineer and Resident Engineer will then prepare the punchlist
and review it with the Contractor, Owner and office engineering staff as necessary. The
punchlist must be completed by the Contractor prior to issuing Final Completion (and
payment). The punchlist will be verified by the office engineer and Resident Engineer prior
to the Final Inspection and project sign-off. The hours assume there will be two substantial
completion inspections prior to issuance of Substantial Completion and one punchlist
verification inspection prior to the Final Completion Inspection.
A more detailed breakdown of the hours is as follows:
• 8 hours for review of CCTV and related records for the installed products
• 2 Substantial Completion Inspections by the Engineer's project office team (24 hours
total) and Resident Engineer (time covered under task F.2)
• 12 hours for coordination with the Contractor and Owner and issuance of a Certificate of
Substantial Completion
• 16 hours for creation and issuing the punchlists to the Contractor
• 1 verification/inspections of punchlist items completed by the Contractor; issuing
updated punchlists (20 hours total).
• 16 hours for Final Inspection by the Engineer's project office team and Resident Engineer
(time covered under task F.2).
Task F.7· Project Closeout
CH2M HILL will review required deliverables, contract requirements, and statutory
requirements to determine that requirements of the contract have been met. CH2M HILL
will prepare a memorandum of completion documenting that the work is complete and
acceptable, including review required deliverables, review of final contract and statutory
requirements, preparation and delivery of Project Files to the City and demobilization of the
Project Field Office. The Final Report will be prepared by the Project Manager and the
Project Engineer and submitted to the Owner following the accepted completion of all work
by the Contractor. The Project Manager, Resident Engineer, Quality Control Manager and
Project Engineer will review all project documents to assure that all aspects of the contract
have been satisfactorily met by the Contractor. Once completed, CH2M HILL will copy and
deliver appropriate project files to the City for their permanent records.
The Resident Engineer will demobilize the Project Field Office, delivering required project
files to the main office for storage and disposing of non required files and equipment.
A more detailed breakdown of the hours is as follows:
• 60 hours for the Engineer's project team to review final documents prior to final
acceptance by the Owner.
• 16 hours to prepare the final completion project report.
• 16 hours to prepare final project files for the Owner.
• 0 hours for the demobilization of the Project Field Office by the Resident Engineer (time
covered under task F.2).
Task F.8 - Prepare Record Drawings
CH2M HILL will revise the original design drawings to reflect available record information
provided by the Contractor and equipment suppliers. One reproducible set and three half-
size hard copies will be submitted to the City along with a CD with electronic files. It is
assumed the Contractor will maintain record information as the construction progresses and
submit the final record documents as required by the contract documents.
CH2MHILL has included time to adjust the City's GIS database to reflect the record
drawing information developed under this task, including connections to the interceptor.
Task F.9 - Public Involvement Program
CH2M HILL will prepare for and attend one Public Involvement Meeting prior to the
initiation of construction activities. CH2M HILL will prepare draft and final presentation to
be reviewed by the City and the contractor as well as prepare a meeting agenda and Press
Release to be distributed prior to the meeting. CH2M HILL will prepare meeting minutes
following the meeting.
CH2M HILL will prepare weekly web-site updates in coordination with the contractor to
notify the public of the week's construction activities and locations.
CH2M HILL will prepare for and meet with the Lower Thames Street Business Association
once a week for the duration of construction (30 weeks). Weekly participation in these
meetings will be limited to the Public Involvement Specialist and the Resident Engineer. It
is assumed that a representative from CH2MHILL's Project Management team will
participate in one meeting per month. The Public Involvement Specialist will coordinate
other on-site activities wherever possible. The Resident Engineer's participation in these
meetings (32 hours) will occur during normal business hours, and therefore, 32 hours has
been deducted from the Resident Engineer's time in task F.2.
Prior to the opening of insertion pits, CH2M HILL will prepare and deliver door hangers for
businesses and residents within 2 blocks of the insertion pit location. This scope of work
estimates that there will be 50 door hangers per insertion pit over 5 insertion pits for a total
of 250 door hangers. The public involvement specialist as well as the resident engineer will
also visit each business within 2 blocks of the insertion pit to answer any questions about
the construction activities. It is assumed that the Resident Engineer's time associated with
this activity will be performed after normal business hours or on weekends and therefore,
the Resident Engineer's time is in addition to the time associated with task F.2.
Prior to the initiation of manhole restoration, which may require some side street closures,
CH2M HILL will prepare and deliver door hangers to potentially impacted residents and
businesses. This may include properties on Thames St. as well as impacted side streets. This
scope of work estimates 50 door hangers per side street closure and 18 anticipated side
street closures for a total of 900 door hangers.
A more detailed breakdown of the hours is as follows:
• 80 hours for preparation for the public involvement meeting, including one pre-meeting
with the Director of Utilities
• 32 hours for attendance and participation at the public involvement meeting by the
Project Manager, Deputy Project Manager, Public Involvement Specialist and Resident
Engineer
• 16 hours to prepare and distribute meeting minutes
• 4 hours per week for 32 weeks to coordinate with current construction activities and
prepare weekly website updates on behalf of the City (128 hours total).
• 20 hours to prepare insertion pit door hangers
• 20 hours to prepare manhole rehabilitation door hangers
• 40 hours each for the Public Involvement Specialist and Resident Engineer to meet with
residents and businesses within 2 blocks of insertion pit locations (80 hours total)
• 4 hours per week for 32 weeks for the public involvement specialist to prepare for and
attend a weekly meeting with the Lower Thames Street Business Association (128 hours
total).
• 8 hours per month for 8 months for the project management team to attend the meeting
with the Lower Thames Street Business Association (64 hours total).
• 1 hour per week for 32 weeks for the resident engineer to attend a weekly meeting with
the Lower Thames Street Business Association (32 hours total)
Task F.10 - Health and Safety Plan
Due to the nature of the work being performed, CH2MHILL resident engineering staff will
be required to inspect work being performed inside the pipe, an area that requires special
consideration and planning to perform the inspection in a safe manner. CH2M HILL will
prepare a detailed Health & Safety plan for our staff to follow in order to safely inspect the
work being performed by the Contractor and protect the City's interests in a long
performing product.
Contingency
A construction phase engineering services contingency of five percent (5%) of the budget
has been included in this proposal. This contingency would be used at the City's request for
additional engineering services should the need arise during this phase of the project. The
contingency could be used for soil and/ or groundwater testing, preparation of a soils
management plan or to accommodate a future project need that has not been included in
this scope of services.
CH2MHlLL proposes to provide the additional construction phase services on a lump sum
basis as outlined below.
Task Fee
Task F.l-Initial Coordination Requirements, General Requirements, Monthly $150,579
Progress Meetings, Project Management & Construction Administration
Task F.2 - Resident Inspection Services (Full-time Construction Observation) and $331,870
Special Inspections (Part-time Construction Observation)
Task F.3 - Review Contractor's Payment Requests $16,605
Task FA - Evaluate Requests for Information and Change Orders $38,764
Task F.5 -Inspection and Testing $42,824
Task F.6 - Final Inspections $18,172
Task F.7 - Project Closeout $10,065
Task F.8 - Prepare Record Drawings $25,685
Task F.9 - Public Involvement Program $64,999
Task F.lD - Health and Safety Plan $14,960
Subtotal: $714,5Z3
Total: $750,Z49
Table 1 (attached to this Amendment) provides task specific level of effort and its budget.
Monthly invoices will be according to a schedule of values and the percentage of work
completed for each pay item. Exhibit D, Fee Schedule shall be amended to include Table 1.
The lump sum fee shall be increased from a not to exceed lump sum fee of $687,051.00" to "
$1,437,300.00" .
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.2 this
_dayof ,2010.
By:. _
Approved as to Form
By: _
Date: _
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Scope of Services for Construction Phase
Thames Street Sanitary Sewer Rehabilitation Project
City of Newport, Rhode Island
Project No. 11·011
Fee Estimate Analysis
9/30/2010
Public Involvement
Task Description Hours Amount
F.9 Public Involvement Program 408 $64,999
Subtotal Special Construction Phase Services 1,333 $200,354
Contingency $35,726
Total Thames Street Construction Phase Services 4,855 $750,249
Exhibit C - Proposed Project Schedule
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Milestone
Summary
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External Tasks
External Milestone ~
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RESOLUTION
OF THE
COUNCIL
No...~.Q.QJt.~ U, ~
IN COUNCIL
RESOLUTION
OF THE
COUNCIL
2010-122
No .
IN COUNCIL
Transferor hereby petitions the Licensing Board to transfer the said license to:
NAME OF TRANSFEREE. ..:r-<>t-/f TvlifiJ bu 1> 't<. U-e-
D/B/A ~fiy'tr-*~Y0 be.- 'i.E $511-/ " /If t94#fTEL. # 1/0/- f?t(7-g'1ff5"
NEW LOCATION, if applicable,_-""S:.....</t'14t'-'--=-·,:c? _
If Change of Stockholders, List OLD & NEW Stockholders: (attach separate sheet if necessary)
RINTNAME
t,·/ / / If 'b
S OF LICENSING 0 OR NO ARY PUBLIC DATE OR AT OMMISSION EXPIRES IF NOTARY
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TRANSFER E SIGNATURE
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PR T NAME I
App03LiqllO\:rrnnsfe r
Page 1 of2
OWNERSHIP:
D/B/A
Premises:
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""St""at",e-=--,,,In,,,co'''-!!',"",,~L...!,-,,-,,,,==,-,,,",,",-,,,,_='''-U',,,,,,",,,u-.LL=!.=t.,,"-B usiness Telephone No: i'r 7-8'"fffFr
I # 0 f All Off!leers CfLLC
~ arne, Add ress an d T e.
N .1 L 1St M anager un der PreSl.d ent an d Clange
I . 1e to "M anager ")
tlt
Treasurer
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Mallmg Address: Choose a) Busmess Address. or b) Owner Address, or c) Other. If Other Please speCIfy below:
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..............~~_ _ , -
If Corporation, Classes of Stock: Amount of This Class Authorized: Amount of This Class Issued:
I
Is application on behalf of undisclosed principal or party in interest?1 /Lu I. If yes, give details:
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Does Applic.ant Own Premises?1 M !oProperty Mortgaged1 I- Property Leasl ye51 -
If Mortgaged or Leased: Amount of Extent: I
Name and Address of Mortgagee or Lessee: t2Iit:~1~±~~~;;~i~~i~¢~~.i'B~m~~J~~=.£~~A~¥!~·[~t-~"~??~~=========Jl
Have any of the applicants ever been arrested or convicted of a crime? ILf) I. If yes, explain: •
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Is any other business to be carried on in Licensed Premises? 11'-& 1 111 If yes, explain: •
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Is any Officer, Board Member, Stockholder engaged in any manner as a Law Enforcement Officer? l;z..v I- If yes, explain: •
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Do any of the applicants have any mieres!, drrect or mdlrect, as prmclple Or assocIate, or III any manner whatsoever, any retail
I M I-
In
license issued under Ch. 3-7 ofR.I.G.L., 1956, as amended? If yes, explain: •
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Is Applicant the owner or operator of any other business? IL{) - If yes, explain (use separate page if necessary.) •
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I hereby certify t the above statements are true to the best of my knowledge and belief:
Date of Signature
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DXe of Witness
.. Ihsrrut!ibIlSfbr Applit;iiilS .. - - -. ... ' .
I. Every question on Application FOlm must be answered. Any false statement made by the Applicant will be sufficient grounds for
the denial of the application or the revocation of the license in case one has been granted.
2. Corporations having 25 or more stockholders need not file a list of the names and addresses of Stockholders (Question #8).
3. Attention is called to the requirements of the 1963 amendment of Section 3-5-10 of the General Laws.
a. All newly elected officers or directors must be reported to the Board of License Commissioners within 30 days.
b. Any acquisition by any person of more than ten percent (lO%) of any class of corporate stock must be reported within 30 days.
c. Any transfer of fifty percent (50%) or more of any class of corporate stock can be made only by written application to the
licensing board subject to the procedures for a transfer of a license.
COpy SHALL BE FORWARDED TO LIQUOR CONTROL ADMINISTRATION BY CITY CLERK
NEW APPLICANTS: ------------ A roval from Police - - B.C.!. Section for fmge rinting and a routine check was made.
"NOTE: For new, transfer, expansion, or renewal the owner(s) must sign. In a corporation, the officers should sign; in an LLC, the "designated
manager" and members are to sign. We are no longer to accept the signature of a manager or attorney on behalf of the owner.